Mehmooda Bibi vs District Judge, Quetta S — 2026 CLC 120 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 CLC 120 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: CLC
Parties: Mehmooda Bibi vs District Judge, Quetta S
Subject matter: Civil
Provisions referred to: S. 12; 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

Mehmooda Bibi VS District Judge, Quetta S. 12(2)---Civil Procedure Code (V of 1908), O. XXI, R. 99 & S. 12(2)---Execution proceedings---Objection petition versus application under S. 12(2), C.P.C.---Scope---Petitioner filed an application under S. 12(2), C.P.C. claiming that a consent decree obtained in a family/civil dispute was fraudulent and affected her independent rights in the ancestral property---Trial court dismissed the application on the ground that the proper remedy for a third party obstructing execution was to file an objection petition under Order XXI, Rule 99, C.P.C.---Validity---High Court held that where a decree is alleged to have been obtained through active fraud, collusion, or misrepresentation affecting the core jurisdiction or binding nature of the judgment, an application under S. 12(2), C.P.C. is an independent and competent remedy available to any affected person, whether a party to the suit or a stranger whose rights are prejudiced thereby---An objection petition in execution does not bar or substitute the statutory remedy provided under S. 12(2), C.P.C. to challenge the very foundation of a fraudulent decree---Lower courts failed to appreciate the distinction between execution objections and a direct challenge to a judgment on grounds of fraud---Impugned orders were set aside, and the case was remanded to the trial court for decision on merits.

Other judgments reported in 2026 CLC

2026 CLC 673 ISLAMABADAMNA FAYYAZ VS ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD S.5, Sched.---Civil Procedure Code (V of 1908), O.I, R.10(2)---Suit for recovery o…
2026 CLC 754 SUPREME-COURT-AZAD-KASHMIRCUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD VS MAJID RAFIQUE. Ss.18-a(2) & 25(2)(p), (q)---Evacuee Property allottees (…
2026 CLC 673 ISLAMABADAMNA FAYYAZ VS ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD O.I, R.10---Necessary and proper party, impleadment of---Scope---If during the cou…
2026 CLC 754 SUPREME-COURT-AZAD-KASHMIRCUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD VS MAJID RAFIQUE. Ss.18-a(2) & 25(2)(p), (q)---Evacuee Property allottees (…
2026 CLC 688 SUPREME-COURT-AZAD-KASHMIRAZAD GOVERNMENT VS MUHAMMAD IQBAL KHAN. Ss.4, 11, 18, 23 & 54---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), S.42---acqui…
2026 CLC 577 SUPREME-COURT-AZAD-KASHMIRDEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION VS SAIMA SHAREEF. art. 44---Dispute qua ownership of land---Factual questions / disputed qu…

Back to the case-law library · Search Pakistani case law in Urdu or English