Fazal Arshad vs Zulfiqar Ahmed S — 2025 YLR 1237 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 1237 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Fazal Arshad vs Zulfiqar Ahmed S
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

Fazal Arshad VS Zulfiqar Ahmed S. 12(2)---Constitution of Pakistan, Art. 199----Ex-parte decree, setting aside of---Serious allegations of fraud, collusion and misrepresentation---Procedural defect, identification of---Non-framing of issues---Summary disposal of application under S. 12(2) C.P.C. by the Trial Court and non-interference by the revisional court---Held, that Trial Court correctly identified the procedural defect in the ex-parte judgment and decree, but failed to adopt the proper procedure while deciding the application under S.12(2) C.P.C.---Respondents had disclosed serious allegations of fraud, collusion and misrepresentation culminating in the said judgment and decree, thus, summary disposal of the application was not justified---Trial Court should have framed necessary issues and record evidence of the parties, particularly as the ex-parte judgment and decree had also been passed without recording evidence and such a procedural lapse undermined the integrity of the judicial process and warranted a more detailed inquiry---Trial Court erred in law by summarily disposing of the application under S.12(2) C.P.C., as the allegations raised by the respondents required adherence to procedural requirements to ensure a just and fair adjudication---Constitutional petition was allowed, in circumstances and the matter was remanded to the Trial Court with a direction to allow the relevant parties to become a necessary part, frame proper issues, allow them to lead evidence and then decide the application under S. 12(2), C.P.C. afresh in accordance with law.

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