MUHAMMAD SHAREEF (DECEASED) vs MUHAMMAD RAMZAN (DECEASED) S — 2023 CLC 782 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 782 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: MUHAMMAD SHAREEF (DECEASED) vs MUHAMMAD RAMZAN (DECEASED) 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

MUHAMMAD SHAREEF (DECEASED) VS MUHAMMAD RAMZAN (DECEASED) S.12(2), (3)---Decree challenged on ground of fraud and misrepresentation---Conversion of suit into application under S.12(2), C.P.C.---Trial Court dismissed the suit of the petitioners being time barred while Appellate court allowed the appeal and remanded the case with direction to frame issues, record evidence and decide the case on merits---Validity---Cursory reading of the plaint showed that the decree impugned was obtained by fraud and the same could not deprive the Court of its jurisdiction to decide it as an application under S.12(2) of the C.P.C. if otherwise such jurisdiction was available to the court under the law---It was not mandatory in every case to frame issue and record evidence for disposal of such an application---Subsection (3) of S.12 of the C.P.C. governs the procedure to be adopted by the Court while disposing of the application under S.12(2) of C.P.C. and without first allowing an opportunity to the civil court in that regard, the direction issued by the Appellate Court was unwarranted by law---Revision was partly allowed with the direction to Trial Court to proceed with the application of the respondents in accordance with subsection (3) of S.12 of C.P.C.---Revision was allowed, in circumstances.

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