Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Application under S.12(2), C.P.C.---Forum---Scope---Such application was to be filed before the court which passed the final ---"Final "/decree/order---Scope---Final decree/order of the last court in the series, even if such decree was of affirmation, should be considered and treated to be final /decree/order in terms of S.12(2), C.P.C. for approaching the relevant forum---Where the decree/order of a forum below had been affirmed by the higher forum on merits, both on points of fact and law, it should be such decree/order (of higher forum) which attained the status of final decree-order within the purview of S.12(2), C.P.C.---Where a decree/order has been modified or reversed by the Appellate or Revisional Court, it shall be such decree/order (of Appellate or Revisional Court), which will be final in nature for the purpose of S.12(2), C.P.C. and accordingly application could only be initiated before such forum which had altered the verdict. Muhammad Aslam (deceased) through L.Rs. and others v. Molvi Muhammad Ishaq (deceased) through L.Rs. 2012 SCMR 147; Sarfraz v. Muhammaad Aslam Khan and another 2001 SCMR 1062; Khawaja Muhammad Yousaf v. Federal Government through Secretary, Ministry of Kashmir Affairs and Northern Areas and others 1999 SCMR 1516; Muhammad Yousaf through Legal Heirs and others v. Noor Din and others PLD 2002 SC 391 and Abid Kamal v. Mudassar Mustafa and others 2000 SCMR 900 distinguished. (b) Civil Procedure Code (V of 1908)--- ----Ss. 2(2), 96 & 115---Merger of decree, principle of---Scope---When a and decree of a court below was assailed in appeal or revision before the higher forum and it was affirmed by such (higher) forum, the decree/order of the forum below merged into the decree of the higher forum, meaning thereby, that it was integrated, implanted, inculcated, infixed and instilled into the decree of the higher forum and became the decree/order of the higher forum for all legal intents and purposes. Maulvi Abdul Qayyum v. Syed Ali Asghar shah and 5 others 1992 SCMR 241 ref. JUDGMENT MIAN SAQIB NISAR, J.---In a suit for administration filed by Khurshid Alam against Khan Bahadur…

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