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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. 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

Mst. MISBAH IFTIKHAR VS Mst. ALEESA S.12(2)---Constitution of Pakistan, Art.199---Decree, setting aside of---Plea of fraud and misrepresentation---Application under S.12(2), C.P.C., was dismissed summarily on the ground of maintainability and also on merits without framing of issues---Validity---Though it is not a principle of universal application that in each and every case, the court is bound to frame the issues before deciding the fate of an application under S.12(2), C.P.C., but where misrepresentation and fraud have been alleged and prima facie a case is made out, in such an eventuality said application should not be dismissed summarily---Allegations levelled by the petitioners in their application had due force to compel the court to frame issues instead of dismissing the application in a cursory and slipshod manner---On the one hand, the Appellate Court held the application under S.12(2), C.P.C., not maintainable and on the other dilated upon its merits---After forming negative opinion about the maintainability of application the Appellate Court should have simply dismissed the same on said score instead of delving into its other merits.

Other judgments reported in 2025 PLD

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