Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Azad Jammu and Kashmir Supreme Court Rules, 1978, O.I, Rr.5 & 2(1)---Decree, setting aside of---Application under S.12(2) of Civil Procedure Code, 1908 filed before the Supreme Court---Maintainability---Civil Procedure Code, 1908 was not applicable to the proceedings before the Supreme Court---Application under S.12(2) of Civil Procedure Code, 1908 for setting aside the decree or of Supreme Court was not maintainable---Such application was competent only before the Court which passed the final decree and and not before the Supreme Court which had affirmed the s and decrees of subordinate Courts---Such petition should have been filed before the Court which passed the final and decree---Petition for setting aside of and decree was dismissed by the Supreme Court, in circumstances. Rang Baz Khan v. Raja Muhammad Azam Khan and others, 1995 SCR 189; Faisalabad Development Authority and others v. Raja Jehangir Nasir and others 2004 SCMR 1247; Muhammad Yousaf Siddiqui v. Haji Sharif Khan through L.Rs. and others PLD 2005 SC 705; Mst. Ghausia Hussain and others v. Mst. Munawar Jahan and others PLJ 2007 SC 395 and Khawaja Muhammad Yousaf v. Federal Government through Secretary, Ministry of Kashmir Affairs and Northern Areas 1999 SCMR 1516 ref. Mubarik Ali v. Fazal Muhammad and another PLD 1995 SC 564 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Application under S.12(2) of C.P.C.---Scope---Application under S.12(2), C.P.C. could only be filed in the Court or Tribunal to which the provisions of C.P.C. were applicable. Faisalabad Development Authority v. Raja Jahangir Nasir and others 2004 SCMR 1247 rel. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 42-A---Inherent powers of Supreme Court---Scope---Inherent powers of Supreme Court could only be exercised in the pending cases and not independently for entertaining the applications to reopen the final settled cases or call into question the past and closed transactions. Khawar Abbas Sikander v. State through Advocate General Mirpur (AJ&K) 2012 PCr.LJ 1650 rel. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA,…

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