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) & O. VII, R. 10---Fraud or misrepresentation---Application under S.12(2), C.P.C---Plaint, return of---Fresh application under S.12(2) of C.P.C. was filed before the Appellate Court, earlier such application was returned by the High Court---Appellants contended that the earlier filed (memo of) application before the High Court was a public document so respondent was to present exactly the same memo/file before the Appellate Court---Held, that there was no bar either under O.VII, R. 10 of Civil Procedure Code, 1908 or in any other provision of C.P.C., 1908, which precluded the plaintiff/applicant from filing fresh suit/application in case the plaint/application, filed earlier in the Court, was returned on the ground that the Court had no jurisdiction in the matter but subject to limitation---Filing of fresh application, in the present case, for all intent and purposes, was merely a continuation of the old proceedings in the former Court.

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