Law: Civil Procedure Code (V of 1908)

Section: 12(2)

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Inheritance--Fraud and misrepresentation---Decree, setting aside of---Scope---Decree was passed without impleading necessary party in the suit---Effect---Application moved under S.12(2), C.P.C. was accepted concurrently---Validity---If applicants were minors at the relevant time even then they were necessary party to be impleaded through their guardian---Decree with regard to the property owned by the applicants could not be passed without impleading them in the proceedings---Impugned decree was result of fraud and misrepresentation which could not be justified by conceding statement from some of the affectees of the same---When impugned decree was obtained by practicing fraud and misrepresentation then any part thereof could not be allowed to remain intact---Islam had determined the share of women and children in the inheritance---Islam did not only give women a social and legal personality with men but also give the rights of inheritance as mother, daughter, sister, grandmother and granddaughter etc by mentioning their relations/shares separately---Such rights could not be taken away from them through deceitful and fraudulent act---Instrument, deed, or decree based on fraud being nullity in the eye of law had to collapse---When fraud was apparent and visible from the record then it was not necessary to record evidence for deciding application filed under S.12(2), C.P.C.---Constitutional petition was dismissed in circumstances. Surah Al-Nisaa (the fourth Chapter) verses 11 and 12, verse 176; Surah Baqarah, chapter 2 verse 180; Surah Baqarah, chapter 2 verse 240; Surah Nisa, chapter 4 verse 7-9; Surah Nisa, chapter 4 verse 19; Surah Nisa, chapter 4 verse 33; Surah Maidah, chapter 5 verses 106-108; Muhammad Younas Khan and 12 others v. Government of N.W.F.P. through Secretary Forest and Agriculture, Peshawar and others 1993 SCMR 618 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Fraud and misrepresentation---Decree, setting aside of--Procedure---When fraud was apparent and visible from the record then it was not necessary to record evidence for deciding application filed under S.12(2), C.P.C.…

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