NASEER AHMAD Vs. MOHAMMAD DANISH AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The respondent instituted a suit for cancellation of decree dated 29 January 2013 passed in original suit no. 530 of 2012 (Naseer Ahmad Vs. Danish), inter-alia, on the ground of fraud and misrepresentation.

(3.) It is sought to be submitted that the issue being identical, it cannot be gone into in the subsequent suit, further, it is sought to be urged that the suit has been instituted for cancellation of sale deed, therefore, if decreed, the oral gift deed would stand automatically vitiated.