Law: Civil Procedure Code (V of 1908)

Section: 12(2)

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Application under S.12(2), C.P.C.---Forum---Scope---Application under S.12(2), C.P.C. would lie to the Court which passed the final ---Application under S.12(2), C.P.C was to be filed before a court which was last in series except where an appeal, revision or leave to appeal was dismissed on any ground except merit---Where decree/order of a forum below had been affirmed by the higher forum on merit both on point of fact and law then same would merge into the decree of higher forum---Said decree/order of higher forum would be final for the purpose of S.12(2), C.P.C.---If Supreme Court had merely affirmed the or order of High Court by refusing leave to appeal then final in terms of S.12(2), C.P.C. would be that of the High Court and not of Supreme Court---If Supreme Court had reversed the of High Court and recorded findings on question of fact or law contrary to what was held by the High Court then final or order would be of Supreme Court for the purpose of S.12(2), C.P.C.---Impugned and decree was assailed in appeal and appellate Court had affirmed the same on merits both of fact and law involved therein---Judgment and decree which attained the status of final decree/order in terms of S.12(2), C.P.C. was that of appellate Court---Application under S.12(2), C.P.C. should have been filed before the appellate Court---No illegality or irregularity had been pointed out in the impugned and decree passed by the Appellate Court---Revision was dismissed in circumstances. PLD 1995 SC 564; PLD 2002 SC 391; PLD 2009 Kar. 123; 1983 CLC 1948; 2012 CLC 1897 and PLD 2010 SC 580 ref. PLD 2013 SC 478 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---'Final'---Meaning. THIS JUDGMENT PASSED BY: MUHAMMAD EJAZ SWATI, JUSTICE:---.--- The petitioner Muhammad Ramzan filed an application under Section 12(2) of Civil Procedure Code (C.P.C.) before the Qazi Lasbela at Uthal (hereinafter the "the trial Court") for setting aside of judgment and decree dated 10th September 2009 passed by the trial Court on the ground to have obtained through misrepresentation and by committing fraud. 2. The respondents contested the application,…

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