Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Specific Relief Act, 1877

Section: 42

Law: Limitation Act, 1908

Section: 181

(a) Civil Procedure Code (V of 1908)--- ----S. 12 (2)---Limitation Act (IX of 1908), Art. 181---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Plea of fraud and mis-representation---Decree, setting aside of---Limitation---Petitioner filed application for setting aside of decree which was dismissed being time barred---Validity---Application for setting aside of decree could be filed within a period of three years---Present application had been filed after lapse of more than 38 years of passing the impugned and decree---Petitioner was represented by her husband in the Trial as well as Appellate Court---Petitioner was aware of institution of the suit against her in the Trial Court---Summons issued by the Appellate Court was also served upon the petitioner---Petitioner had appeared before the Appellate Court on many occasions which was evident from the order sheet---Presumption of truth was attached to the order sheet of the Court---Impugned and decree was not obtained through fraud and misrepresentation---Findings recorded by the Courts below were based on proper appreciation of evidence on record---No mis-reading or non-reading of evidence had been pointed out in the impugned s passed by the Courts below---Writ petition was dismissed, in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 12 (2)---Limitation Act (IX of 1908), Art. 181---Application for setting aside of decree---Limitation---Application for setting aside of decree could be filed within a period of three years. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- Through the instant writ petition the petitioner has called in question the validity and propriety of the impugned judgment/ decree dated 20.4.2016 passed by the learned Additional District Judge Gilgit, whereby the learned 1st Appellate Court has dismissed the Civil Revision Petition No.05/2016 filed by the present petitioner by upholding the judgment/ decree dated 30-11-2015 passed by the learned Civil Judge 1st Class, Gilgit. 4. The litigation between the parties started in the year 1972, when the present respondent No.1/plaintiff namely Muhammad Essa son of Mirbaz filed a suit for declaration and possession of certain…

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