Law:

Section:

Civil Procedure Code (V of 1908)---S.12(2) & O.XXIII, R. 3---Application under S.12(2), C.P.C. for setting aside of consent order---Scope of S.12(2), C.P.C.---Applicant had not challenged any misrepresentation or fraud on the part of appellants which could justify filing of the application---Provisions of section 12(2) Civil Procedure Code, 1908 could not be equated with the provisions of review or revision and the parties could not be allowed to delay the final adjudication of the disputes by filing such frivolous applications and that too against the consent order at a belated stage---Controversy which had attained finality, and specially with consent order of the parties could not be re-opened on the false pretext of fraud and misrepresentation by either party---Once consent order had been passed by a court, the parties could not resile from it without cogent and valid reasons---Any indulgence at such stage of the proceedings would amount to frustrate the implementation of consent order, which otherwise had attained finality in law---Application was dismissed. ORDER MUHAMMAD JUNAID GHAFFAR, J.---Through this order, we intend to dispose of C.M.As. Nos.446 and 447 of 2010 filed under Order XXXIX, Rules 1 and 2 and section 12(2), C.P.C. respectively by the respondents. We will take up C.M.A. No. 447 of 2010 filed under section 12(2), C.P.C., which would ultimately decide the fate of C.M.A. No.446 of 2010 filed under Order XXXIX, Rules 1 and 2 C.P.C. 2. Briefly stated the facts are that this High Court Appeal was disposed of by a consent order dated 9-9-2008 which was filed against an order dated 11-4-2008 passed in JM No. 28-31 of 2006. The order dated 9-9-2008 is reproduced as under:-- "Appellant being aggrieved by the order dated 11-4-2008 passed in C.M.A. No. 861 of 2006 in JM No. 30 of 2006 by a learned Single Judge of this court has preferred this High Court Appeal. By consent, this appeal is disposed of in following terms:-- (1) That the commissioner/valuer appointed by the court will determine value of property bearing No. 3/2/2 SR-5, Altaf Hussain Road, Karachi and property bearing No. 254/A, Sarwar Shaheed Road, Karachi on as is where is basis. (2)…

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