Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Application on plea of fraud and misrepresentation---Forum to file such application---Suit was decreed by Trial Court and appeal against same having also been dismissed by High Court, petitioners filed application under S.12(2), C.P.C.---Senior Civil Judge before whom said application was filed, returned same to petitioner holding that for adjudication of said application proper forum would be the Court which had passed final /decree and that his Court did not have jurisdiction---Senior Civil Judge/Trial Court had finally decided dispute between parties as appeal against order of Trial Court was dismissed which amounted to confirmation of said original of Trial Court---No modification, alteration, amendment was made by Appellate Court in and decree of Trial Court and impugned which remained intact had attained finality---Proper forum for submission of application under S.12(2), C.P.C., would be Trial Court, whose , decree or order had attained finality and not the Appellate Court; which had not changed or reversed said and decree---Judgment and decree having remained intact in appeal without any change or interference doctrine of merger would not apply in the case---Judgment of Senior Civil Judge having attained finality due to dismissal of appeal against it, Senior Civil Judge was not justified to hold that he lacked jurisdiction to entertain application under S.12(2), C.P.C.---Said application was wrongly returned to petitioners for its submission before any other forum---Senior Civil Judge being proper forum, should decide application filed under S.12(2), C.P.C. on its merits. 1993 CLC 1257 (Karachi); PLD 1994 Lah. 119; 1999 MLD 3082; 2001 MLD 1033; 1997 CLC 1893; 2001 SCMR 1062; Mubarak Ali v. Fazal Muhammad and another PLD 1995 SC 564; Secretary, Ministry of Religious Affairs and Minorities and 2 others v. Syed Abdul Majid 1993 SCMR 1171; PLD 2002 SC 391; Khawaja Muhammad Yousaf v. Federal Government through Secretary, Ministry of Kashmir Affairs and Northern Areas and others 1999 SCMR 1516 and Abid Kamal v. Mudassar Mustafa and others 2000 SCMR 900 ref. JUDGMENT SALIM KHAN, J.---A Suit No.215/1 was…

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