2024 PLD 598 LAHORE-HIGH-COURT-LAHORE

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Citation Name: 2024 PLD 598 LAHORE-HIGH-COURT-LAHOREBookmark this Case CHIEF SETTLEMENT COMMISSIONER/ MEMBER (JUDICIAL-V) BOARD OF REVENUE, PUNJAB, LAHORE VS AURANGZEB SHAAFI BARKI S. 21---Civil Procedure Code (V of 1908), S. 12(2)---Judgment, setting aside of---Fraud and misrepresentation---Framing of issues---Principle---Allotment of land in question was cancelled by Settlement Authorities and High Court restored the order of allotment---Authorities filed application under S. 12(2), C.P.C. for setting aside the judgment restoring allotment in question---Plea raised by respondents was that issues were required to be framed by Court prior to setting aside judgment in question---Validity---Application under S. 12(2), C.P.C. can be decided without framing of issues and recording of evidence, which is not obligatory for Court---It is the satisfaction of Court either to frame issues, record evidence or decide such applications as it may deem fit and proper after considering circumstances of each case---No yardstick can be fixed for adjudication of such application---Determination of allegations of fraud and misrepresentation usually involves investigation into questions of fact but it is not in every case that Court is under obligation to frame issues, record evidence of parties and follow procedure prescribed for decision of suit---Relevant authorities did not find any record of RL-II pertaining to land in question, available in record---No RL-II pertaining to land in question was issued either to respondents or others---If on the basis of void order/judgment, subsequent orders were passed either by same authority or by other authorities, the whole series of such orders, together with superstructure of rights and obligation built upon, them, must unless some statue or principle of law recognizing as legal, the changed position of the parties is in operation, fall to ground because such orders have as little legal foundation as the void order on which they are founded---In the present case there existed no need to frame issues and record evidence---High Court in exercise of powers under S. 12(2), C.P.C. set aside the order passed by authorities---Application was allowed in circumstances.

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