Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Specific Relief Act (I of 1877), S. 42---Limitation Act (IX of 1908), S.18---Constitution of Pakistan, Art.199---Constitutional petition---Suit for declaration on the basis of agreement to sell---Application for setting aside decree on the basis of fraud---Limitation---Contention of applicants was that fraud had been committed while obtaining the impugned and decree---Said application was accepted by the Trial Court but same was dismissed by the Appellate Court---Validity---Application under Order I, Rule 10, C.P.C., was filed to implead counsel who got recorded his conceding statement in the suit but same was opposed by the decree-holder and was turned down---Applicants discharged their onus to prove that counsel was never appointed in the suit through their attorney---Onus would shift on the decree-holder to rebut the same through production of her evidence by summoning the said counsel through the court to establish that he was appointed counsel for the -debtor---Said counsel was appointed by the decree-holder in another suit who got recorded his conceding statement on her behalf in the said suit---Evidence produced by the applicants had not been rebutted by production of any credible evidence by the respondent---Application under S. 12(2), C.P.C. could be filed within three years from the date of knowledge---Revisional Court committed error while ignoring the provisions of S.18 of Limitation Act, 1908---Judgment passed by the Revisional Court was not maintainable---Material illegality and irregularity had been committed by the said court---Impugned passed by the Revisional Court was set aside and order passed by the Trial Court was restored---Constitutional petition was accepted in circumstances. Mst. Rasool Bibi through Legal Heirs v. Additional District Judge Silakot and another PLD 2006 Lah. 181 and Sheikh Muhammad Sadiq v. Elahi Bakhsh and 2 others 2006 SCMR 12 rel. JUDGMENT ATIR MAHMOOD, J.---Through this writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, the petitioners have challenged the order dated 4-3-2010 passed by the learned Additional District Judge,…

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