NASIR KHAN vs SHABIR AHMED S — 2022 MLD 543 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 543 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: NASIR KHAN vs SHABIR AHMED 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

NASIR KHAN VS SHABIR AHMED S.12(2) & O.XXXVII, R.2---Suit for recovery of amount---Parties appeared before Court---Suit was dismissed for non-prosecution and the same was restored---Application of the petitioner/defendant for leave to defend was dismissed and suit was decreed---Petitioner filed application under S.12(2) of Civil Procedure Code, 1908, which was dismissed---Question whether provisions of S.12(2) could be invoked in a contested case---Validity---Record reflected that on notice the petitioner / defendant appeared before court, filed application for leave to defend and argued the matter through counsel and thereafter Trial Court decided the case---Unsuccessful party which appeared and contested the suit could not resort to the provision of S.12(2) of Civil Procedure Code, 1908 to impugn the decision---Allowing such application would mean to give a party an opportunity to attack/impugn the decision before the same Court---Revision petition was dismissed in limine. Head NotesCase Description

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