Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Application for setting aside of decree---Contention of applicants was that they were owners in possession of suit property to the extent of their shares but they had not been arrayed as party in the suit and fraud had been committed by the respondents in obtaining the impugned decree which had no effect upon their rights---Application for setting aside of decree was dismissed concurrently---Validity---Applicants were having knowledge of suit as same was against their father and brothers who were dwelling jointly in one house---Present application had been filed at the behest of brothers of applicants---Impugned decree did not affect the rights of applicants as same was with regard to source of irrigation of suit property and wrong entry had been corrected---No evidence was on record to establish fraud on the part of respondents---Both the courts below had properly appreciated the evidence on record and the revenue record and had reached to right conclusion---No illegality or irregularity or any misreading or non-reading of evidence in the concurrent findings of facts recorded by the courts below had been pointed out by the applicants---Revision was dismissed in circumstances. JUDGMENT ROOH UL AMIN KHAN, J.---This revision petition is directed against the judgment/order dated 21-4-2010 passed by learned Civil Judge-IX, Bannu, and that of learned Additional District Judge-I, Bannu, dated 21-3-2011, whereby petitioners' application under section 12(2) C.P.C. has been dismissed concurrently by both the Courts below. 2. The resume of facts forming the background of the instant revision petition is that, petitioners Mst. Bibi Khwazada etc. filed an application under section 12(2), C.P.C. challenging the judgment and decree dated 17-3-2004, in Civil Suit No.195/1 of 2002, passed in favour of the respondents, alleging the same to be the result of fraud and misrepresentation. Initially, the application was dismissed by the learned trial Court on the ground of maintainability vide order dated 16-9-2004, however, the learned revisional Court by accepting…

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