Law: Civil Procedure Code (V of 1908)

Section: S.12(2),47,O.IX,XX,R.6,13

(a) Civil Procedure Code (V of 1908)--- ----O. IX, R. 13, O. XX, R. 6, Ss. 12 (2) & 47---Ex parte decree, setting aside of---Limitation---Mutation attested through fraud during execution proceedings---Remedy---Petitioner moved application under O. IX, R 13, C.P.C. for setting aside of an ex-parte and decree which was dismissed and thereafter filed petition under S.12(2), C.P.C. which was also dismissed being time-barred---Validity---No bar existed to challenge any wrong mutation which had adversely affected right of a person through which he was deprived of his legal rights in an immovable property---Findings of Courts below with regard to prayer in the original suit had attained finality which could not be challenged by filing an application under S. 12(2), C.P.C.---Judgment-debtor had already availed alternate remedy under O. IX, R. 13, C.P.C. and he could not succeed---Provisions contained in S. 47, C.P.C. could be availed and objections were to be decided in the mode as a suit---No person was to be deprived of his legal rights on mere technicalities---Petitioner had arguable case but due to ill-advise no proper application was filed on his behalf---Impugned s were set aside and petition under S. 12(2), C.P.C. was converted into one under S. 47, C.P.C.---Matter was remanded to the Trial Court with the direction to process the application under S. 47, C.P.C. in accordance with law---Revision was allowed, in circumstances. (b) Administration of justice--- ----No person was to be deprived of his legal rights on mere technicalities. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, J.---- Through the instant Civil Revision petition, petitioner has challenged the impugned Judgment dated 19.10.2010, rendered by the learned Additional District Judge-II, Mardan, whereby, appeal filed by the petitioner against the Judgment/Order dated 03.06.2010, of the learned Trial Court, was dismissed. 2. In essence, an application under section 12(2), C.P.C. was filed by petitioner against an ex parte Judgment and decree, rendered in Suit No.363/1 dated 06.01.2006. The above mentioned application was dismissed by the learned Trial Court on the sole ground that the same was, on one…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492