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: Criminal
Provisions referred to: S. 12

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---Forum for filing application under S.12(2) of C.P.C.---Change in view of the Superior Courts regarding jurisdiction of the Court to adjudicate the application under S.12(2) of C.P.C.---Scope and effect---Contention of the appellants was that the Appellate Court had no jurisdiction to entertain the application under S.12(2) of C.P.C. filed by the respondent as during the pendency of the said application before it (Appellate Court), the earlier view (regarding forum of filing)expressed by Superior Courts was changed---Validity---Earlier view of the Superior Courts was that the application under S.12(2) of C.P.C. could be filed in the Court which had passed the final order---Supreme Court subsequently changed the view and held that final decree/order of the last Court in the series (even if such decree was of affirmation) should be considered and treated to be final judgment/decree/order in terms of S.12(2) of C.P.C and the last Court in the series would be the forum for adjudication of such application---Judgments of the Superior Courts were prospective in nature---Appellate Court, in the present case, had jurisdiction to adjudicate the application under S.12(2), C.P.C. filed by the respondent---Appeal was dismissed, in circumstances.

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