BASHIR AHMAD vs SHAUKAT ALI S — 2026 CLC 201 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLC 201 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLC
Parties: BASHIR AHMAD vs SHAUKAT ALI 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

BASHIR AHMAD VS SHAUKAT ALI S.12(2)---application under S. 12(2), C.P.C. filing of---Plea of fraud and misrepresentation---Maintainability of application under S. 12(2), C.P.C. by a non-party---Legislative intent---The provision of S. 12(2), C.P.C. does not confine its applicability solely to parties to the original proceedings---In S. 12(2), C.P.C. the word 'person' and not the judgment-debtor or his successor-in-interest or the word party to the suit have been used, thus it would not be permissible to import into this provision of law something which has not been mentioned therein---It appears that the law-maker has purposely used the word 'person'---Had the intention of the law-maker been to restrict the right of filing the application under S. 12(2), C.P.C. only to the judgment-debtor or his successor-in-interest or a person who was party thereto then it was easy for the law-maker to have said so---If the argument is accepted that application under S.12(2), C.P.C. is not maintainable since the applicant was not party in the original proceedings, then the very purpose behind enacting the aforesaid provision of law would be frustrated because then a person not being a judgment-debtor or his successor-in-interest or a party to the suit, although his rights may have been jeopardized by the decree obtained by fraud or misrepresentation, shall be obliged to undergo the exercise of filing a suit for the purpose because a number of cases can be visualized in which fraudulent decrees are obtained in order to cast clouds on the legal rights of opponents.

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