| Citation(s) |
|---|
| 2003 SLG 3353 2003 SLD 3353 2003 PLD 314 |
Sindh High Court
Constitution Petition No. D-500 of 1998 and High Court Appeal No. 347 of 2000, decided on 13th August, 2002
S. AHMED SARWANA AND MUHAMMAD MUJEEBULLAH SIDDIQUI, JJ
Naimur Rehman and Ms. Rizwana Ismail for Petitioners. (in C.P. No. D500 of 1998). Amir Hani Muslim for
Respondent No. 1 (in C.P. No. D500 of 1998). Rasheed-ud-Din for KBCA (in C.P. No. D500 of 1998). Nazar Hussain Dhoon for KDA (in C.P. No. D500 of 199
Constitution Petition No. D-500 of 1998 and High Court Appeal No. 347 of 2000, decided on 13th August, 2002
S. AHMED SARWANA AND MUHAMMAD MUJEEBULLAH SIDDIQUI, JJ
Naimur Rehman and Ms. Rizwana Ismail for Petitioners. (in C.P. No. D500 of 1998). Amir Hani Muslim for
Respondent No. 1 (in C.P. No. D500 of 1998). Rasheed-ud-Din for KBCA (in C.P. No. D500 of 1998). Nazar Hussain Dhoon for KDA (in C.P. No. D500 of 199
ARDESHIR COWASJEE and others
VS
K.B.C.A. and others
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----Ss. 12(2) & 96---Judgment/decree/order, setting aside of---Fraud, misrepresentation or want of jurisdiction, plea of---Person aggrieved or adversely affected by decree---Remedies available to such person and mode of exercise thereof dismissed. Any person, who is adversely affected by a and decree of a Court has the right to- file an appeal against the decree as provided by section 96, C.P.C. The person, therefore, has two remedies available to him, which exist side by side. Under section 12(2), C.P.C. the aggrieved person, without filing a separate suit, can impugn the decree on the ground of fraud, misrepresentation or want of jurisdiction by simply filing an application under said section supported by an affidavit. To file such an application, the aggrieved person need not be a party in suit, but he has the right to challenge same, if he is aggrieved or is adversely affected by the , decree or order. The Code has, thus, provided an easy and an inexpensive method of seeking relief without having to pay court-fee, which would be required in case a suit was to be filed. At the same time any person, who is aggrieved or is adversely affected by a decree also has the right to file an appeal under section 96, C.P.C. Both the remedies are concurrent and one does not It is open to aggrieved party to choose either of the two. The only distinction between the two remedies, in case the person seeking the remedy is not a party in the suit and wants to file an appeal against the decree is that he must show that he is adversely affected by the decree of Trial Court and obtains leave of the Court to appeal. 1984 SCMR 586; 1999 SCMR 1516 and PLD 1969 SC 65 rel. PLD 1982 SC 150; 1999 MLD 655; PLD 1993 Kar. 548; PLD 1993 Kar 551; 1989 SCMR 918; 1989 SCMR 920; PLD 1975 Lah 515; PLD 1980 Kar. 108; 1996 CLC 654; 1994 SCMR 2163 and 2000 SCMR 1748 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 58---Fraud/collusion in obtaining decree or incompetency of Court to deliver same---Article .58 of Qanun-e-Shahadat, 1984 merits a party to show that such decision was obtained by other party by fraud or collusion or Court acted without…
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