Sheikh HAROON-UR-REHMAN vs MUHAMMAD RAFIQUE Ss — 2022 CLC 167 LAHORE-HIGH-COURT-LAHORE

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Sheikh HAROON-UR-REHMAN VS MUHAMMAD RAFIQUE Ss.12(2), 12(3) & 141---application under S.12(2), C.P.C., disposal of---Procedure---Prior to insertion of subsection (3) in S.12 of Civil Procedure Code, 1908, through Code of Civil Procedure (Punjab amendment) act (XIV of 2018), no procedure was prescribed for the disposal of an application under S.12(2) of the Code---In cases where the determination of allegations of fraud and misrepresentation involved investigation into the question of fact, inquiry was ordinarily held to adjudicate upon the matter by framing an issue and recording evidence while invoking the provision of S.141 of the Code---Perusal of S.12(3) of the Code clearly indicated that: firstly, an application under S.12(2) of the Code had been required by law to be disposed of expeditiously; secondly, for expeditious disposal of such an application, a discretion had been conferred upon the court to adopt such procedure as the circumstance of the case warranted; thirdly, the procedure to be adopted by the court must be fair in the circumstances of the case; fourthly, if proof etc. of any fact was required, it should be proved/disproved by affidavit unless directed otherwise by the court; and fifthly, reasons must be recorded in the order where the court directed any fact to be proved/disproved otherwise than by way of affidavit---Such was manifest that the requirements of a regular trial vis-à-vis framing of issues and recording of evidence had been generally dispensed with by the legislature in adjudication of applications under S.12(2) of the Code and the court has been burdened with the responsibility to record reasons for resorting to such procedure in exceptional cases.

Sheikh HAROON-UR-REHMAN vs MUHAMMAD RAFIQUE Ss — 2022 CLC 167 LAHORE-HIGH-COURT-LAHORE

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