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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)---Qanun - e-Shahadat (10 of 1984), Art. 129---Application under S.12(2) of Civil Procedure Code, 1908---Fraud, want of jurisdiction and misrepresentation, absence of---Compromise, denial of---Scope---Thumb mark or the signatures of the counsel, absence of---Judicial proceedings---Scope---Applications under S.12(2) of Code of Civil Procedure, 1908 (C.P.C.), filed in consolidated order passed in three Civil Revisions which were dismissed on the basis of a compromise arrived between the parties---Validity---In the relevant paragraph of the applications under S.12(2), C.P.C., applicant asserted, in uniform language, to the effect that no compromise was ever struck between the partieswhich indicated that neither assertion for want of jurisdiction had been levelled nor any fraud had been stated to have been played with the Court ;rather, it had been asserted that neither the applicant nor his counsel signed/thumb marked the order and in fact the matter was part heard and file was kept pending and later on, respondents misled the Court---Thumb mark or the signatures---The counsel for the applicant is not a mandatory requirement of the law in such like situation where the party is duly represented by his legal counsel who filed the petition and has been pursuing the same since the filing thereof---Therefore, said ground did not fall under the purview of S.12(2), C.P.C., as sanctity is attached to judicial proceedings---Applications under S.12(2), C.P.C., filed in consolidated order of three Civil Revisions by the revision petitioner, were dismissed, in circumstances.

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