SAIN MUHAMMAD vs MUHAMMAD ASLAM S — 2021 YLR 924 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 924 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: SAIN MUHAMMAD vs MUHAMMAD ASLAM S
Subject matter: Civil
Provisions referred to: S. 12; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAIN MUHAMMAD VS MUHAMMAD ASLAM S.12(2)---Fraud or misrepresentation---Application under S.12(2), C.P.C.---Locus standi---Contention of the appellants/plaintiffs was that the respondent, being a stranger to the (original ) suit, had no locus standi to file an application under S.12(2) of C.P.C.---Held, that the person not party to the suit could file application S.12(2) of Civil Procedure Code, 1908, as in the said provision the word 'person' was used---Words like 'judgment-debtor' or 'his successor-in-interest' or 'party to the suit' had not, purposely and intentionally, been stipulated in S.12(2) of C.P.C.---Aggrieved person, whose rights were jeopardized by the decree obtained by fraud or misrepresentation, had locus standi to file application under S.12(2) of Civil procedure Code, 1908---Appeal was dismissed, in circumstances.

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