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Mst. MISBAH IFTIKHAR vs Mst — 2025 PLD 249 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 249 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
Mst. MISBAH IFTIKHAR vs Mst
Subject matter
Civil
Provisions referred to
S. 17---C; S. 12; S. 17; Civil Procedure Code (V of 1908)

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. MISBAH IFTIKHAR VS Mst. ALEESA S. 17---Civil Procedure Code (V of 1908), S.12(2)---Decree passed by the appellate court challenged through application under S.12(2), C.P.C.---Maintainability---"Person" competent to file application under S.12(2)---Scope---By virtue of S.12(2), C.P.C., any person can challenge the validity of judgment, decree or order on the plea of fraud, misrepresentation or want of jurisdiction by filing an application to the court which passed the final judgment, decree or order---Term "person" used in S. 12(2) has wider import and cannot be narrowly interpreted, so as to restrict it to refer to only a judgment debtor or his successors but it should be read to include any person adversely effected even though not a party to the proceedings wherein such decree, judgment or order is passed---Scope of S.12(2), C.P.C., is not narrow but wide enough and it is not restricted to the judgment, decree or order obtained while playing fraud with the court but it also extends to the cases where a judgment, decree or order has been obtained by the parties through fraud inter se by concealment of true facts---Despite an embargo in terms of S.17 of the Act there is no legal impediment in the way of an aggrieved person moving an application under S.12(2), C.P.C., before the Family Court---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2025 PLD

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