Civil Law, Decree, setting aside of–

2018 C L C 581

—-S. 12(2) CIVIL LAW setting aside of—Fraud and misrepresentation—Effect—Contention of applicants was that impugned decree was obtained by means of misrepresentation and material points were concealed from the court—Petition for setting aside of decree was dismissed concurrently— Validity—Computerized National Identity Card of respondent-plaintiff had been blocked by NADRA authorities as alien after due process on the report of Federal Investigation Agency—Respondent-plaintiff was afforded opportunity of being heard by the NADRA authorities—Said information subsequently came to the knowledge of NADRA after obtaining judgment and decree by the respondent—Serious allegation was on record against the respondent plaintiff—Courts below were supposed to decide the case on merit instead of deciding the same on mere technicalities and thus committed miscarriage of justice—Impugned judgments and decrees passed by the courts below were perverse and suffered from conjunctures and surmises and not sustainable which were set aside—Case was remanded to the Trial Court with the direction that matter be decided afresh after providing opportunity to the parties—Constitutional petition was allowed in circumstances

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