Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.12(2)---Applicant sought setting aside of under S. 12(2), C.P.C.---Validity---Party filing application under S.12(2), C.P.C. was to be aggrieved of order which had been passed on the basis of fraud, misrepresentation or want of jurisdiction---No such element existed nor could be established by applicant, therefore, provision of S. 12(2), C.P.C. was not attracted---Application was dismissed in circumstances. ORDER ATIR MAHMOOD, J.---This is an application under section 12(2), C.P.C. for setting aside order dated 16-4-2014 passed by this Court in titled Writ Petition No.2227/2012 whereby direction was given to learned Special Judge Rent, Lahore for disposal of the ejectment petition filed by respondent No.1/writ petitioner within three months positively. 2. Briefly stated the facts of the case narrated in the application are that after partition of India father of the applicant namely Muhammad Siddique Butt (deceased) took over possession of one of the shops in property No.S-66-R-10 Nila Gumbad Lahore owned by Punjab National Bank, Lahore. The said property was treated as Evacuee property on 24-12-1997 and was allotted to Muhammad Siddique by the name and style of Messrs Muhammad Siddique and Brothers by the Deputy Rehabilitation Commissioner, Lahore but subsequently, on 20-10-1953 the property was restored to the Bank by the Rehabilitation Officer. Later on, there was an agreement to sell dated 10-5-1965 between respondent No.1/writ petitioner and respondent No.2/National Bank. On 11-6-1965, the writ petitioner promised to Muhammad Siddique to sell the property to him. On 6-9-1965, the property was taken over by the Custodian of Enemy Property declaring it as property of the enemy. On 14-2-1996, a joint application signed by parties of agreement to sell was made to Deputy Custodian of Enemy Properties for permission to sell the same in their favour. On 14-5-1969, the Central Government of Pakistan cancelled the agreement to sell dated 10-5-1965 between respondent No. 1 and respondent No.2. Respondent No.1 challenged order dated 14-5-1969 in Writ Petition No.1420/1969 which was dismissed on 30-5-1981. During pendency of…

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