Law:

Section:

(a) Civil Procedure Code (V of 1908)---S. 12 (2) & O.XXIII, R.3---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Compromise decree---Application under S.12(2), C.P.C. for setting aside compromise decree was filed which was dismissed concurrently---Validity---Applicant had no locus standi to file application under S.12(2), C.P.C. when a decree had been passed against a person who was alive and had not challenged the same in any proceedings before any forum---Revision was dismissed. (b) Civil Procedure Code (V of 1908)--- ----Ss. 12(2) & 115---Decision on application under S.12(2), C.P.C.---Revision---Competency---Revision could be filed against the decision of application under S.12(2), C.P.C. by the Trial Court---If First Appellate Court had entertained and decided the matter as an appeal then same could be treated as decision of the revision which was competent but second revision was not competent after the revision---High Court, however, converted revision into constitutional petition accordingly and dismissed. ORDER AMIN-UD-DIN KHAN, J.---Through this civil revision petitioner has challenged the judgment/order dated 19-9-2009 passed by learned lower appellate court whereby appeal filed by the petitioner was dismissed and the judgment/order dated 21-11-2005 passed by learned Civil Judge, Chakwal whereby application under section 12(2) of C.P.C. filed by the petitioner was dismissed. 2. The first question posed to learned counsel that how this civil revision is competent when against the order of dismissal of application under section 12(2) of C.P.C. no appeal was provided but a revision could have been filed, learned counsel states that as the appeal was filed and the same was decided on merits by the learned lower appellate court, therefore, he has filed this civil petition, which is competent. I am afraid, this answer is not tenable under the law as the appeal was not provided against the decision of application under section 12(2) of C.P.C. by the learned trial court. At the most revision could have been filed and even if the learned first appellate court has entertained and decided the appeal as an appeal, same can be treated as…

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