Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Application of S.12(2), C.P.C.---Scope---Fraud and misrepresentation---Scope---Judgment, decree or order could be challenged if case of fraud, misrepresentation or want of jurisdiction was made out---Application under S. 12(2), C.P.C. had very limited scope---No particular instance or ground had been demonstrated which was sufficient to hold any plea of fraud, misrepresentation or want of jurisdiction---If applicants were not made party in the main proceedings it did not lead to any adverse inference that had been obtained by fraud or misrepresentation---Applicants had failed to demonstrate any case of fraud or misrepresentation---Application for setting aside of was dismissed in circumstances. Dadabhoy Cement Industries Ltd and others v. National Development Finance Corporation Karachi PLD 2002 SC 500; Mst. Shabana Irfan v. Muhammad Shafi Khan and others 2009 SCMR 40 and Mst.Nasira Khatoon v. Mst.Aisha Bai and others 2003 SCMR 1050 ref. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, JUSTICE:---.--- This petition was filed to seek the following relief(s):-- "(a) To direct the official respondents to notify the draft rules of Sindh Civil Servants (Provincial Management Service) Rules, 2006, whereunder petitioners are made to require to obtain necessary training in the relevant fields so that they may not be discriminated with the Officers of Ex-PCS Cadre and further direct the respondents to implement the lawful order of competent authority viz. Chief Minister of Province of Sindh. (b) To direct the official respondents to issue notification in the meanwhile relieving the petitioners for joining Sindh Civil Services Academy Karachi for pre-Service training, Karachi as it has been done in the case of Ex-PCS Cadre. (c) .. (d) .." 2. The brief facts of the main petition are that the petitioners belonged to the cadre of Provincial Secretariat Service, hereinafter referred as PSS. The SGA CD is the Administrative Department of Ex-PCS and PSS cadres. The officers belonging to both of the cadres had common channel of promotion, however the Provincial Government had notified sharing formula for the officers of BPS-18 BPS-19…

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