Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Suit for declaration---Fraud and misrepresentation---Scope---Decree, setting aside of---Scope---Applicant was party in the suit which had been decided by the Court---None of the parties had filed appeal against the impugned and decree---Application under S.12(2), C.P.C. was not a substitute of an appeal---Impugned and decree had attained finality in circumstances---Mere using the words fraud and misrepresentation itselves were not sufficient to bring the case within the scope of S.12(2), C.P.C.---Question of alleged fraud and misrepresentation did not arise in the present case---Remedy available under S.12(2), C.P.C. was not like the remedy as in the regular suit---Court could dispose of application under S.12(2), C.P.C. without framing issues and recording evidence of the parties or otherwise following the procedure for trial of the suit---Lack of knowledge was not a good/enough reason for bypassing the available legal remedies---No illegality or irregularity had been pointed out in the impugned orders passed by the Courts below---Constitutional petition was dismissed in circumstances. Happy Family Associate through Chief Executive v. Messrs Pakistan International Trading Company PLD 2006 SC 226 and Allah Bakhsh v. Mst. Shamshad Zohra and others 1985 SCMR 959 rel. (b) Civil Procedure Code (V of 1908)--- ----O. I, R. 10---Suit for declaration---Petition for impleadment of a party in a case which had been disposed of or decreed---Maintainability---Application for impleadment of a party in the disposed of/decreed suit was not maintainable/ entertainable---Court upon passing a decree or disposal of the case had become functus officio---Application was rightly dismissed through impugned order---Constitutional petition was dismissed in circumstances. Muhammad Umar and another v. Gul Muhammad through L.Rs. and 4 others 2010 CLC 397 rel. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Scope---Concurrent findings of law and facts were immune from interference until there appeared illegality, irregularity, mis-reading and/or non-reading of evidence. Kanwal Nain and 3 others v. Fateh Khan and others…

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