Mst. PARVEEN AKHTAR vs NOOR MUHAMMAD O — 2022 YLR 1665 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1665 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: Mst. PARVEEN AKHTAR vs NOOR MUHAMMAD O
Subject matter: Civil
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

Mst. PARVEEN AKHTAR VS NOOR MUHAMMAD O. XXII, R. 4 & S. 12(2)---Procedure in case of death of one of several defendants or of sole defendant---Scope---Plaintiff filed suit for recovery of possession of a house---Trial Court dismissed the suit whereas Appellate Court decreed the same---Petitioners, daughters of one of the defendants, filed application under S.12(2), C.P.C. before the Appellate Court seeking an annulment of judgment and decree on the ground that their father had passed away during pendency of the appeal but the plaintiff despite having knowledge did not implead them in his place and, thus, the plaintiff had obtained the decree through misrepresentation---Appellate Court dismissed the application vide impugned order---Validity---Father of petitioners' was not only the defendant but he was also accompanied by other defendants who were closely related to him, thus, it was not only the duty of the plaintiff to bring in the notice of the court the alleged factum of his death but the defendants as well as their counsel were bound to apprise the court but they also remained mum to that effect, so no question of fraud and misrepresentation arose on the part of the plaintiff at all---Application under S.12(2) of C.P.C. was highly misconceived and ill founded, as the case of the petitioners even at the face of it did not come within the purview of S.12(2), C.P.C.---Petitioners had failed to point out any illegality or material irregularity in the impugned order warranting exercise of revisional jurisdiction---Revision petition was dismissed, in circumstances.

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