Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Specific Relief Act, 1877

Section: 42,54

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and permanent injunction wherein applicant was not made party---Acceptance of petition under S.12(2), C.P.C. on the ground of fraud and misrepresentation---Revival of main suit---Scope---Trial Court accepted application under S.12(2), C.P.C. without framing issues and recalled the decree---Plaintiffs contended that application under S.12(2), C.P.C. had raised factual controversy, which required consideration after adducing evidence---Applicant who had filed the application under S.12(2), C.P.C. claimed that in earlier suits applicant was made party but the said suits were withdrawn with permission to file fresh suit---Applicant, with application under S.12(2), C.P.C. had annexed documents/previous suit filed by the predecessor of plaintiffs in respect of disputed property which was judicial record of the court---Consideration of Trial Court in respect of concealment of facts and fraud on the part of predecessor of plaintiffs were based on the documents to which presumption of truth was attached---Applicant being necessary party in the suit, was not impleaded---When there were controversy of facts or that of law between the parties in main suit, the suit could not be dismissed while accepting application under S.12(2), C.P.C., but the court, after revival of suit, should proceed with the matter by impleading the applicant under S.12(2), C.P.C. as a party and after providing opportunity to parties decide the case on merits---Trial court neither revived the suit nor made any direction to implead applicant under S.12(2), C.P.C. as party nor proceeded the suit on merits, therefore, to such extent, findings of Trial court were contrary to law, thus void---Order setting aside and decree was sustained, however, main suit was revived and remanded to Trial Court---Order accordingly. Haji Farman Ullah v. Latif-ur-Rehman 2015 SCMR 1708 ref. THIS JUDGMENT PASSED BY: MUHAMMAD EJAZ SWATI, JUSTICE:---.--- The predecessor of the petitioners namely Syed Muhammad son of late Nabi Bakhsh filed a suit for Declaration, Possession, Cancellation, Correction,…

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