GHULAM FAREED vs MUHAMMAD BILAL S — 2025 PLD 575 LAHORE-HIGH-COURT-LAHORE

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GHULAM FAREED VS MUHAMMAD BILAL S.12(2)---Competent forum for filing an application under S. 12(2), C.P.C.---Improper forum invoked under S. 12(2), C.P.C.---Principle of merger of decrees---Scope---High Court's affirmation closes the door to subordinate court proceedings---Findings affirmed by High Court attain finality after refusal of leave to appeal by Supreme Court---No reopening before subordinate court under S. 12(2), C.P.C.---The reason provided by the petitioner for filing application under S. 12(2) C.P.C. before the Additional District Judge (who accepted appeal of respondent No.1) was that the appeal of respondent No.1 had been allowed by the Additional District Judge by reversing the findings of the Trial Court, whereafter, the order of the Additional District Judge was maintained by the High Court, and then the petition for leave to appeal was withdrawn from the Supreme Court, hence, the petitioner was aggrieved of the order of the Additional District Judge which was maintained by higher forums, consequently the petitioner had filed application before the Additional District Judge, which according to him was maintainable---Validity---Such argument of the petitioner was fallacious for the reason that supposing an order passed by the Trial Court was upheld up to the High Court or the Supreme Court on merits and not on technical grounds, then this argument of the petitioner would enable the aggrieved party to restart another round of litigation by filing application under S. 12(2), C.P.C. before the civil court by ignoring the findings affirmed by the forums above, therefore, this was not a valid ground to file application before the Additional District Judge---No ground to warrant interference in the impugned order was made out for the reason that the same did not suffer from any illegality, jurisdictional defect or mis-reading and non-reading of material available on record---Civil revision was dismissed, in circumstances. Citation Name: 2025 PLD 575 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM FAREED VS MUHAMMAD BILAL S.12(2)---Specific Relief act (I of 1877), S.8---Question of maintainability of application under S. 12(2), C.P.C.---application filed before the District court, whereas, matter decided on merits by the High Court---Proper/competent forum for application under S. 12(2), C.P.C.---Scope---Merger of decrees---application under S. 12(2), C.P.C. must be filed before the court that passed the final judgment, decree, or order---Proper forum for filing the application was High Court---Once an appellate decree merges into a High Court decision, it becomes the final order for the purpose of S. 12(2), C.P.C.---No subsequent application lies before a subordinate court---Legal point for determination before the High Court was as to "whether the application under S. 12(2), C.P.C. would be competent before the subordinate court or the High Court, where the decree of the subordinate court had merged into the final judgment of the High Court"---Brief facts of the case were that the suit for possession filed by respondent No.1 was dismissed by the civil court on 15.11.1997 by declaring the sale deed of respondent No.1 as based on fraud and collusion---appeal filed by respondent No.1 was accepted on 07.09.1998 by the additional District Judge, with the result that findings of the Trial Court were reversed and the suit was decreed in favour of respondent No.1 by upholding his sale deed, against which petitioner filed civil revision before the High Court which was dismissed on merits on 08.10.2015 and findings of the additional District Judge were upheld by holding that registered instrument/sale deed attains presumption of truth and had preference over the mutation---Petitioner, thereafter, challenged the High Court decision before the Supreme Court of Pakistan which was withdrawn on 06.03.2020---Thereafter, petitioner filed application under S. 12(2), C.P.C. before the additional District Judge on 01.02.2024 which was dismissed on 20.04.2024 and the said order was brought under challenge through the instant revision petition---Held: Decree passed by additional District Judge dated 07.09.1998 had merged into order dated 08.10.2015 passed by the High Court, therefore, said order was final order in the matter and application under S. 12(2), C.P.C. filed by the petitioner before additional District Judge was not maintainable and was rightly dismissed for the reason that same was required to be made before the court that had passed the final decision---Competent forum to challenge the validity of judgment, decree or order under S. 12(2), C.P.C. was the Court which passed the final order---In the present case, the final order had been passed by the High Court as the Supreme Court had not entertained the petitioner's application for leave to appeal against the same---No ground to warrant interference in the impugned order was made out for the reason that the same did not suffer from any illegality, jurisdictional defect or mis-reading and non-reading of material available on record. Citation Name: 2025 PLD 575 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM FAREED VS MUHAMMAD BILAL S.12(2)---Forum for filing application under S. 12(2), C.P.C.---Finality of judgment of High Court the determining factor for the purpose of competent forum for an application under S. 12(2), C.P.C.---Dismissal of leave to appeal by Supreme Court, effect of---High Court decree stands where leave to appeal is denied by the Supreme Court---If Supreme Court merely reaffirms a judgment or order of a High Court by refusing leave, the final judgment for purposes of S. 12(2), C.P.C. will be of the High Court and not of the Supreme Court---If, however, Supreme Court reverses a judgment of a High Court and records a finding on question of fact or law contrary to what was held by the High Court, in that event the final judgment or order would be of the Supreme Court for the purposes of S. 12(2), C.P.C.

GHULAM FAREED vs MUHAMMAD BILAL S — 2025 PLD 575 LAHORE-HIGH-COURT-LAHORE

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