ALLAH DITTA vs MUHAMMAD ASHRAF and others
This is a pre-emption matter arising from the dismissal of a civil revision by the High Court, in which the vendee sought leave to appeal before the Supreme Court of Pakistan. The core legal questions examined by the court include whether a Civil Court can question a decree granted by a Revenue Court in a pre-emption matter, whether a Civil Court can set aside such a decree in cases of fraud and collusion notwithstanding the provisions of Section 12(2) of the Code of Civil Procedure without framing specific issues and affording an opportunity to lead evidence, and whether the Supreme Court can decide the propriety of the competing decrees on merits under the circumstances. Granting leave to appeal, the court held that the matter required detailed examination of these questions and directed the preparation of the appeal on the existing record along with the filing of additional documents, while ordering the maintenance of status quo subject to the petitioner furnishing security for mesne profits.
- Can a Civil Court question the decree granted by a Revenue Court in a pre-emption matter?
- Whether a Civil Court can set aside a Revenue Court decree in cases of fraud and collusion without framing issues and affording an opportunity to lead evidence?
- Whether the Supreme Court can decide the question with regard to the propriety of competing decrees on merits under the circumstances?
- Section 12(2), Code of Civil Procedure 1908
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the vendee's side in a pre- emption matter against the dismissal of his Civil Revision by the High Court.
2. ' After hearing both the learned counsel at some length, we consider it a fit case, inter alia, to examine the question whether in a pre-emption matter, the Civil Court can question the decree granted by a Revenue Court: if the answer is in the affirmative in case of fraud and collusion notwithstanding the provisions of Section 12(2), C.P.C., could the Civil Court set at naught the decree, by the Revenue Court, without framing issues on the question of collusion and affording an opportunity to the parties to lead evidence and then determine the same as an independent question; whether in the circumstances, it would be possible by this Court to decide the question with regard to propriety of one or the other decree on merits. Leave to appeal accordingly is granted. Security Rs, 5,000. The appeal to be prepared on the present record with direction to the parties to file necessary additional documents within two months.
3. ' Status quo to continue subject to the petitioner's furnishing security for mesne profit to the satisfaction of the executing Court.