Law: Civil Procedure Code (V of 1908)

Section: 12(2),115,O.IX,R.13

Law: Specific Relief Act, 1877

Section: 54

Civil Procedure Code (V of 1908)--- ----Ss.12(2), 115 & O.IX, R.13---Specific Relief Act (I of 1877), S.54---Suit for permanent injunction---Ex parte decree, setting aside of---Defendant who was put on notice, having failed to appear in the court, was proceeded ex parte---Ex parte evidence was recorded and the suit was finally decreed---Application filed by defendant for setting aside ex parte decree was dismissed and appeal filed by the defendant, was also dismissed---Application filed by defendant under S.12(2), C.P.C. was also dismissed---Validity---Application under S.12(2), C.P.C. was filed by the defendant on the ground that plaintiff had suppressed the fact of having filed two suits previously regarding suit property and that plaintiff, after obtaining ex parte decree against defendant, was attempting to illegally occupy the house owned by defendant in execution of said decree---Two suits were filed against parties other than defendant and defendant did not figure in any capacity in those suits---Fact of two other suits, even if mentioned, would not have affected the merits of the third suit filed by plaintiff against defendant---Besides, plaintiff had nowhere denied the filing of two suits nor had stated contrary to the facts at any stage---Decree passed ex parte against defendant, was not arrived at by the Trial Court due to the alleged concealment of facts---Ground asserted by defendant in terms of his dispossession in execution of decree passed against him, could conveniently be agitated before court executing decree in question--Application under S.12(2), C.P.C., in circumstances was not competently filed by defendant before said Court. THIS JUDGMENT DELIVERED BY: HAMID FAROOQ DURRANI, J.--- The respondent Mst. Safeena Jan filed a suit against the petitioner on 17-9-1997. The claim contained in the plaint was in terms that the plaintiff/respondent was owner of Houses Nos. 67 and 68 situated in the area of Khokhar, Tehsil and District Abbottabad through registered deed, dated 23-5-1990. It was alleged that the defendant/petitioner, who was owner of adjacent house No.69, had no right to interfere in the possession and ownership of the…

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