Ghulam Sarwar vs Additional District Judge, Quetta S — 2026 MLD 502 QUETTA-HIGH-COURT-BALOCHISTAN

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Ghulam Sarwar VS Additional District Judge, Quetta S. 12(2)---Civil Procedure Code (V of 1908), O. IX, R. 13 & S. 12(2)---Ex parte decree, setting aside of---Fraud and misrepresentation---Scope---Petitioner filed an application under S. 12(2), C.P.C. for setting aside an ex parte judgment and decree passed in a suit for specific performance of an agreement to sell, contending that the decree was obtained through fraud, collusion, and by concealing material facts, as the summons were never validly served upon him and a fake report was managed through the process server---Trial Court dismissed the application, and the appellate court maintained the order---Validity---Record reflected that the petitioner was duly aware of the pending proceedings, and notices were sent through registered post as well as publication in the local newspaper when personal service could not be effected due to the avoidance of the petitioner---Plea of fraud and misrepresentation must be specifically pleaded and proved through cogent, reliable, and confidence-inspiring evidence---Mere assertions or general allegations of fraud are not sufficient to dislodge a judicial order or decree---Applicant invoking S. 12(2), C.P.C. carries a heavy burden to establish that the decree impugned was a product of active fraud played upon the court or the opposite party---In the instant case, the petitioner failed to discharge the burden of proof, as no independent or tangible evidence was brought on record to substantiate the allegation of a fake service report or collusion between the decree-holder and the process server---Both the courts below had evaluated the material available on record in its true perspective and reached a legally sound conclusion---No case for interference was made out---Revision petition was dismissed.

Ghulam Sarwar vs Additional District Judge, Quetta S — 2026 MLD 502 QUETTA-HIGH-COURT-BALOCHISTAN

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