Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.XX,R.19

Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.XX,R.19

Law: Limitation Act, 1908

Section: 181

(a) Civil Procedure Code (V of 1908)-------S. 12(2)---Limitation Act (IX of 1908), Art. 181---Application under S.12(2), C.P.C.---Limitation---Article 181 of Limitation Act, 1908 would apply to such application and period of 3 years provided thereunder could be calculated from date of knowledge of alleged fraud and misrepresentation committed by a party. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2) & O. XX, R. 19---Limitation Act (IX of 1908), Art.181---Preliminary decree in partition suit---Application under S.12(2), C.P.C. filed on 11-11-2010 for setting aside said decree passed on 13-5-2004---Validity---Article 181 of Limitation Act, 1908 would apply to such application and period provided thereunder could be calculated from date of knowledge of alleged fraud and misrepresentation committed by a party---Applicant being defendant in suit had challenged final decree dated 8-11-2006, but failed upto Supreme Court---Applicant had withdrawn his petition from Supreme Court on 17-9-2010---Applicant had made application under S.12(2), C.P.C. on the basis of facts alleged in application dated 6-9-2001 for permission to adduce additional evidence during appeal---Appellate Court had dismissed such application for production of additional evidence on 10-12-2001---Facts alleged in application under S.12(2), C.P.C. were in the knowledge of applicant in September, 2001 much prior to passing of impugned decree on 13-5-2004---Application under S.12(2), C.P.C. was time-barred, thus, calling respondent to file written reply thereto and framing of issue would be a futile exercise---Application under S.12(2), C.P.C. was dismissed in circumstances. Mrs. Anis Haider and others v. S. Amir Haider and others 2008 SCMR 236; Government of Sindh and another v. Ch. Fazal Muhammad and another PLD 1991 SC 197; Shamail Masud v. Malik Manzoor Ahmad and 4 others 2007 CLC 1507; Wazir Ali v. Allah Ditta and 6 others 1994 CLC 1135; Mst. Shamim Akhtar and 3 others v. District Judge, Narowal and 9 others 2001 CLC 1265; Haji Abdul Ghafoor v. Abdul Qayyum and 3 others 1996 SCMR 1524; Mrs. Anis Haider and others v. S. Amir Haider and others 2008 SCMR 236; Mst. Nasira Khatoon and another…

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