Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Proceedings under S.12(2), C.P.C. were in the nature of declaratory suit---Section 12(2), C.P.C. authorized the aggrieved person to challenge the validity of a , decree or order on the plea of fraud, misrepresentation or want of jurisdiction---Where, however, the material on record failed to indicate element of fraud or misrepresentation or want of jurisdiction, S.12(2), C.P.C. was not attracted. Nigar Bibi through LRs v. Salah ud Din Khan Alizai and 3 others PLD 2009 Lah. 67 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- Through the instant writ petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have called in question the judgment dated 12.11.2018, passed by learned District Judge, D.I. Khan, whereby, the Revision Petition filed against the order dated 27.9.2017 of learned Civil Judge-III, D.I. Khan dismissing the application filed by the petitioners under section 12(2) Code of Civil Procedure, 1908, was dismissed. 2. Brief facts of the case are that the respondent No.1 filed Suit No.62/1 of 2011 against respondents Nos.2 to 4 and sought a decree for making rule of the court an arbitration award dated 16.4.2011 in respect of land measuring 06 Kanal 1-1/2 marla, detail whereof was given in the head note of the plaint. The suit was decreed with the mutual consent of the respondents Nos.1 and 2 to 4 vide judgment and decree dated 25.6.2011. On 18.2.2012, the petitioners challenged the validity of the said judgment and decree through an application filed under section 12(2) Code of Civil Procedure, 1908, alleging therein, that the arbitration award has been made rule of the court by practicing fraud, misrepresentation and want of jurisdiction. It was asserted in the petition that, in fact, the decretal property was agreed to be sold by the respondent No.2 vide agreement dated 26.11.2008, wherein, it was agreed that out of 06 kanal 07 marla, land measuring 04 kanal 15 marla adjacent to the petrol pump of the petitioners was to be transferred in lieu of sale consideration of Rs.10,00,000/- per kanal as per contents of agreement deed, the sale…

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