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2022 CLC 404

S.12(2)—Constitution of Pakistan, Art.10 A—Decree on basis of compromise—Application of petitioner for setting aside decree on basis of fraud was dismissed by appellate/decreeing Court without framing issues/recording evidence—Power of attorney on behalf of petitioner/applicant was available on record—Petitioner’s contention that he never appointed the attorney as counsel nor any power of attorney was executed in his favour; that alleged power of attorney did not reflect any sign/stamp; and that petitioner/applicant was not given opportunity of hearing—Validity—Application under S.12(2) of Civil Procedure Code needed framing of issues and recording of evidence—Application elaborated that counsel who agreed to appoint referee for obtaining his decision regarding dispute pending before Court and consequential decree on basis of the same decision of referee was without their consent—Statement of such counsel was without any lawful authority—For determination of such fraud/misrepresentation framing of issue and recording of evidence were essential/obligatory for providing opportunity to the parties to prove the factual dispute—Revision petition was accepted and case was remanded for re-adjudication after framing issues and recording evidence.

Art.10 A—Right of hearing of a party to lis was one of the fundamental principles of jurisprudence which is guaranteed by Art.10 A of the Constitution in its assurance of a “fair trial and due process” to a litigant