Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Companies Act, (VII of 1913)

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Civil Procedure Code (V of 1908), S. 12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Eviction order, setting aside of---Misrepresentation and fraud---Ingredients--Scope of S.12(2), C.P.C.---Applicant had failed to point out any fraud or misrepresentation to the court in obtaining the ejectment order---None of the ingredients of fraud and misrepresentation were mentioned in the application---Provisions of S. 12 (2), C.P.C. could not be extended to include the claim of ownership by the aggrieved party while challenging judicial orders passed by competent court---Remedy to the applicant was a civil suit to claim his title on the property and not the provisions of S.12(2), C.P.C. which had a limited scope of examining the validity of a / decree on the plea of lack of jurisdiction, fraud and misrepresentation---Applicant had not alleged any fraud against the respondent in obtaining the orders rather the facts were otherwise---Applicant had failed to point out any mis-reading and non-reading of evidence while in passing the impugned order---No jurisdictional defect was found in the impugned order---Constitutional petition was dismissed in circumstances. Haji Abdul Ghafoor v. Abdul Qayyum and 3 others 1996 SCMR 1524; Mrs. Anis Haider and others v. S. Amir Haider and others 2008 SCMR 236; Fida Hussain and others v. Abdul Aziz PLD 2005 SC 343; Jameel Ahmed v. Saifuddin PLD 1994 SC 501; Malik Muhammad Faisal and another v. State Life Insurance Corporation and 2 others 2008 SCMR 456; Aurangzeb v. Massan and 13 others 1993 CLC 1020 and Abdul Fattah and 8 others v. Nisar Ahmed and 3 others 2003 YLR 2610 ref. Haji Abdul Ghafoor v. Abdul Qayyum and 3 others 1996 SCMR 1524; Mrs. Anis Haider and others v. S. Amir Haider and others 2008 SCMR 236; Fida Hussain and others v. Abdul Aziz PLD 2005 SC 343; Jameel Ahmed v. Saifuddin PLD 1994 SC 501; Malik Muhammad Faisal and another v. State Life Insurance Corporation and 2 others 2008 SCMR 456; Aurangzeb v. Massan and 13 others 1993 CLC 1020 and Abdul Fattah and 8 others v. Nisar Ahmed and 3 others 2003 YLR 2610 distinguished. ORDER NAZAR AKBAR,…

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