2015 YLR 124 KARACHI-HIGH-COURT-SINDH

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Syed ALI ATHAR VS Mst. SHAHIDA FATIMA 1993 CLC 1020, 1996 SCMR 1524, 2003 YLR 2610, 2008 SCMR 236, 2008 SCMR 456, PLD 1994 SC 501, PLD 2005 SC 343, Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Ingredients--TERM , Misrepresentation and fraud--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S. 12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---eviction order, setting aside of---Misrepresentation and fraud---Ingredients--Scope of S.12(2), C.P.C.---Applicant had failed to point out any fraud or misrepresentation to the court in obtaining the ejectment order---None of the ingredients of fraud and misrepresentation were mentioned in the application---Provisions of S. 12 (2), C.P.C. could not be extended to include the claim of ownership by the aggrieved party while challenging judicial orders passed by competent court---Remedy to the applicant was a civil suit to claim his title on the property and not the provisions of S.12(2), C.P.C. which had a limited scope of examining the validity of a judgment/ decree on the plea of lack of jurisdiction, fraud and misrepresentation---Applicant had not alleged any fraud against the respondent in obtaining the orders rather the facts were otherwise---Applicant had failed to point out any mis-reading and non-reading of evidence while in passing the impugned order---No jurisdictional defect was found in the impugned order---Constitutional petition was dismissed in circumstances.