Law:

Section:

Civil Procedure Code (V of 1908) --- ----S. 12(2)---Suit for declaration and permanent injunction---Application under S.12(2), C.P.C.---Scope---Decree, setting aside of---Fraud---Effect---Contention of applicants was that impugned decision was obtained by practicing fraud on the Court and they were not impleaded as party in the main suit---Validity---Impugned and decree had been executed by the Executing Court---Present application had been filed on the ground that boundary shown as ownership of plaintiffs/respondents in the plaint had been sold to applicants---Property of applicants was referred for the sake of description only which did not mean that said suit property was part of property allegedly purchased by the applicants---Sale deed executed in favour of applicants was not subject matter of suit filed by the plaintiffs---Plaintiffs had not disputed the ownership of present applicants---Impleadment of present applicants as party was not necessary---Provision of S.12(2), C.P.C. was not attracted in the present case---No right of petitioners/applicants had been infringed---Petition for setting aside of impugned decree was dismissed in circumstances. 2007 SCMR 1318; PLD 2013 SC 573; 2015 CLC 531; PLD 2016 SC 358 and 2016 SCMR 862 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE:---.--- This is an application under section 12(2), Code of Civil Procedure against an order dated 26.05.2014 passed in C.R.No. 199-M/2005 whereby the civil revision of respondents Nos.1 to 6 was dismissed against respondent No. 8. 2. Brief facts of the case are that respondents Nos.1 to 7 filed suit for declaration, permanent injunction and possession regarding land known as "Toro Gato" situated in Laikoorr against Syed Mian Noor Pacha/predecessor-in-interest of respondents Nos.8/1 to 8/11. Along with the plaint plaintiffs also filed an application for temporary injunction. Written statement was filed by Syed Mian Noor Pacha/predecessor-in-interest of respondents Nos.8/1 to 8/11. On 07.05.2002 the learned trial court appointed Mr.Ikramullah Khan, Advocate as Local Commission who recorded the statement of both the parties and submitted his report. Plaintiffs filed…

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