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Muhammad Yousaf vs Mst — 2024 YLR 2491 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 YLR 2491 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
YLR
Parties
Muhammad Yousaf vs Mst
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

Muhammad Yousaf VS Mst. Bashiran Bibi (deceased) S.12(2)---application under S.12(2) of Civil Procedure Code, 1908---Limitation---Conduct of the applicant---Effect---applications under S.12(2) of Code of Civil Procedure, 1908 (C.P.C.), filed in consolidated order passed in three Civil Revisions (CRs) which CRs were dismissed on the basis of a compromise arrived between the parties---Validity---applicant had approached the Court just to linger on the matter after reaching a consensus developed during the course of arguments on date of final disposal of CRs or in alternate dismissal of the CRs inasmuch as perusal of certified copy of the impugned order appended with the present application revealed that same was obtained after 18 days of passage of the impugned order---Hence, any misrepresentation on part of the respondents triggered the passing of the impugned order as contended through the applications, and the applicant should have rushed to the High Court immediately through an appropriate application and not waited for more than three months to file the applications under S.12(2), C.P.C., which were otherwise patently misconceived---Though the limitation provided for filing an application under S.12(2), C.P.C. is three years from the date of knowledge, the delay in the present case by the applicant in approaching the Court after obtaining the certified copies was reflective of the conduct of the applicant and indicative of retraction from the commitment made by the applicant recorded in the impugned order---all applications filed under S.12(2) C.P.C, in all Civil Revisions, being merit-less, were dismissed in limine, with costs.

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