Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Limitation Act (IX of 1908), Art.181---Specific Relief Act (I of 1877) Ss.8 & 12---Constitution of Pakistan, Art.199---Constitutional petition---Suit for possession through specific performance was decreed in favour of the plaintiff on the conceding statement by the defendant---Contention of the defendant (petitioner) was that said decree was obtained by fraud and that his application under S. 12(2), C.P.C. had been wrongly dismissed by the courts below---Validity---Section 12(2), C.P.C. fell under Article 181 of the Schedule to the Limitation Act, 1908 and therefore said application could have been filed within three years by the defendant; and no explanation was given as to why the defendant kept mum for eight years---Defendant had appeared in the Trial Court and his statement was recorded by the Presiding Officer and only thereafter he put his thumb impression, and signature---Presumption of correctness was attached to judicial proceedings and therefore, his contention that his statement was made for withdrawal of the suit had no legs---Application of the defendant (petitioner) was time-barred---Constitu-tional petition was dismissed, in circumstances. 2011 SCMR 1013 and 2006 SCMR 1530 distinguished. PLD 2004 SC 178; PLD 1987 SC 145; 2006 SCMR 1262; 1994 MLD 295 and PLD 2005 SC 430 ref. ORDER RAUF AHMAD SHEIKH, J.---The petitioner has assailed the vires of order dated 1-7-2009 passed by the learned Civil Judge Ist Class, Okara whereby an application under section 12(2), C.P.C. moved by him was dismissed and judgment and decree dated 16-11-2009 passed by the learned Additional District Judge, Okara whereby civil revision preferred by him met the same fate. 2. The facts in brief as emerge on perusal of the record are that the respondent No.1 filed a suit for possession through specific performance of the contract against the petitioner in respect of land measuring 11-Kanals 3-Marlas owned by him as per description given in para No.1 of the plaint. It was contended that the defendant/petitioner entered into an agreement to sell the said land vide deed dated 15-5-1998 for a sum of Rs.80,000 and received a…

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