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Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--Specific Relief Act, (I of 1877), S. 9--Suit for possession--Joint owners of the property--Defendant filed an application u/O. VII, R. 11, CPC alleging that the plaintiff and defendant were joint owners of the property--Application was dismissed and the suit was decreed ex-parte moved an application u/S. 12(2) of CPC on the ground that impugned and decree had been obtained through fraud and misrepresentation which was dismissed--Challenged through revision petition which had been accepted--Assailed--Controversy between the parties could only be resolved after framing the issues and recording the evidence--Held: Trial Court committed illegality dismissing application, filed u/S. 12(2), CPC for setting aside without framing issues on the question of fraud--Case was remanded rightly to trial Court with direction to decide the application filed by defendant u/S. 12(2) of CPC afresh after framing necessary issue and then after recording of evidence of the parties--Petition was dismissed. 2008 SCMR 236, PLD 2006 SC 773 & 2008 SCMR 236, rel. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE---.--- The petitioner Shahid Raza S/o Safdar Ali field a suit for possession under Section 9 of the Specific Relief Act against the predecessor in interest of Respondents No. 3 to 9 namely Muhammad Abdullah. The defendant Muhammad Abdullah, put appearance before the learned trial Court and filed an application under Order VII, Rule 11 CPC alleging therein that the plaintiff and defendant are joint owners of the property. It was further alleged that without partition of the joint property the plaintiff cannot claim for the possession of the specific portion of the joint property and the said application filed under Order VII, Rule 11 of CPC was dismissed vide order dated 23.9.2008, as the defendant was proceeded ex-parte. Thereafter the plaintiff was directed to produce ex-parte proof and the case was adjourned to 31.10.2008 and after recording the evidence of the plaintiff the suit was decreed ex-parte vide judgment and decree dated 19.12.2008. 2. Later on, on 3.2.2008, the respondents moved an application under…

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