Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S.12(2)---Decree of Civil Court upheld in appeal by Appellate Court---Filing of application under S.12(2), C.P.C. for setting aside such decree---Maintain-ability---Remedy under S. 12(2), C.P.C. would lie before Court having passed final /order--- Judgment/decree of Court below would merge into / decree of Appellate Court or Revisional Court, which would attain status of final decree/order within purview of S.12(2), C.P.C.---Applicant was required to have filed such application before Appellate Court---Such application was dismissed for being not maintainable. Khawaja Muhammad Yousaf v. Federal Government through Secretary, Ministry of Kashmir Affairs and Northern Areas and others 1999 SCMR 1516; Mubarik Ali v. Fazal Muhammad and another PLD 1995 SC 564; Allah Dad and others v. Abdul Ghani and others PLD 2010 SC 580; Muhammad Shamim through legal heirs v. Mst. Nisar Fatima through legal heirs and others 2010 SCMR 18; Faisalabad Development Authority v. Raja Jahangir Nasir and others 2004 SCMR 1247; Province of Punjab through Collector, Sialkot v. Muhammad Irshad Bajwa 1999 SCMR 1555 and Chan Peer Shah v. Shafi Ullah and others 2006 YLR 3229 ref. Black's Law Dictionary and Nasrullah Khan and others v. Mukhtiar-ul-Hassan and others PLD 2013 SC 478 rel. (b) Civil Procedure Code (V of 1908)--- ----S.12(2)---Limitation Act (IX of 1908), Art. 181---Decree of Civil Court upheld in appeal by Appellate Court on 14-9-1995---First application under S. 12(2), C.P.C. for setting aside such decree dismissed on 18-1-2001 by Civil Court for being not maintainable and appeal filed there-against dismissed by Appellate Court on 25-9-2001---Second Application under S.12(2), C.P.C. for setting aside such decree filed before Appellate Court on 2-10-2001---Applicant's plea was that he sought his remedy before wrong forum on wrong advice of his counsel---Validity---Applicant had filed second application after more than 5 years of gaining knowledge about dismissal of appeal against such decree on 14-9-1995---Applicant had failed to show that he had approached wrong forum with due care and diligence---Appellate Court had rightly declined to…

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