Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code (V of 1908)---- ----S.12(2)---Challenge to a decree / order / on ground of fraud or misrepresentation----Adjudication of application under S.12(2), C.P.C.-Scope---Provisions of S.12(2), C.P.C. could only be pressed into service where fraud was played or misrepresentation was made during proceedings in a suit, and not if done outside the court --- Plea that elders / respectables, trying to arrive at a compromise outside the court, prevented a party from appearing in court, was not tantamount to any fraud committed ---- Non-production of evidence during court proceedings, related to procedure and merits of a case did not amount to fraud or misrepresentation committed during court proceedings---Falsity of claim to the knowledge of a person putting forward such claim, was not a ground for setting aside a decree on ground of fraud under S. 12(2) C.P.C. Ms. Shazia Ashraf v. Municipal Committee, Sahiwal through Administrator and another 2006 CLC 1018; Syed Ameer Hussain Shah v. Syed Dilbar Hussain Shah and 3 others 2011 MLD 1956 and Lal Din and another v. Muhammad Ibrahim 1997 SCMR 710 rel. ORDER MUZAMIL AKHTAR SHABIR, J.- The petitioner challenges the order dated 09.07.2018, whereby the Addl. District Judge, Haroonabad, dismissed the revision petition filed by the petitioner against the order dated 27.10.2017 passed by Civil Judge, Haroonabad, through which application filed by the petitioner under Section 12(2) of the C.P.C was dismissed and the court refused to set-aside the judgment and decree dated 23.01.2014, whereby the suit of the respondent for recovery of Rs.87,000/-was decreed against the petitioner as prayed for. The petitioner through the afore-referred application under section 12(2) C.P.C challenges the impugned ex parte judgment and decree dated 23.01.2014 as according to him respectables of locality got effected a compromise between the parties and had restrained him to contest the said suit. Furthermore, it is argued that the original cheque had not produced in the court in support of the claim of the respondent, therefore, the suit should not have been decreed. 2. Heard. Record perused. 3. The respondent has obtained a decree…

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