Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 185(3)--Civil Procedure Code, (V of 1908), S. 12(2)--Leave to appeal--Leave to appeal was granted to consider if after acceptance of application under Section 12(2), CPC filed by respondent, suit of appellant should have been revived or it was rightly dismissed byfora below. Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--Decree was obtained through fraud and misrepresentation--If a person was aggrieved of any and decree which according to him affected his rights and was result of fraud and misrepresentation he, in order to challenge same, had to initiate a separate suit for annulment thereof. Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--Decree obtained through fraud and misrepresentation--Validity of and decree--Validity and decree obtained or alleged to have been obtained on basis of fraud and mis-representation or from a Court having no jurisdiction could only be challenged by moving an application to same Court which passed final decree and not by a separate suit--Obviously if such application is straightaway conceded by plaintiff/decree holder, , decree/order assailed shall be set aside and suit of plaintiff shall automatically stand revived; however if application is resisted/contested by decree holder, Court may frame issues, because on all such applications it is not imperative a do so; or to hold trial, as application under Section 12(2), CPC can be dismissed on basis of pleadings of parties simpliciter as facts of case may warrant) on basis of pleadings before it. Issue Frame-- ----Scope of--Purpose of framing issues in a civil litigation is that parties must know crucial and critical factual and legal aspects of case which they are required in law to prove or disprove through evidence in order to succeed in matter on facts and also points of law. Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--Decree was obtained through fraud and misrepresentation--Decree did suffer from vice as is stipulated by section, it shall accept same and as a general and ordinary rule and matter of course, suit of plaintiff shall stand revived and thereby give a chance to defendant to file his written…

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