Fraud and misrepresentation—Compromise decree

     2020 Y L R 661  [Supreme Court (AJ&K)]

—-S. 12(2)—Pakistan Administration of Evacuee Property Act (XII of 1957), S. 41—Fraud and misrepresentation—Compromise decree—Evacuee property—Bar on jurisdiction of civil Court—Scope—Plaintiffs challenged compromise decree being based on fraud and misrepresentation—Suit was dismissed concurrently— Validity—Jurisdiction of civil Court would be ousted only when declaration was sought against the Custodian of Evacuee Property, however, when the dispute was of civil nature between the parties then jurisdiction of civil Court could not be claimed to have been ousted—Compromise decree had been passed on the statement of plaintiffs—Plaintiffs could not take an inconsistent position by saying that fraud had been committed—General allegation of fraud could not be accepted until the details and manner of commission of fraud was proved by the party— Appeal was dismissed, in circumstances.

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