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)---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Office objection---Judgment, setting aside ofs assailed ex parte and decree passed against them on the ground that ex parte decree was obtained through fraud---Application under S.12(2), C.P.C. filed by petitioners was dismissed by Trial Court---Office raised objection to maintainability of Constitutional petition against order passed under S.12(2), C.P.C.---Validity---Where Trial Court and/or Lower Appellate Court committed a gross error of misreading of evidence or where no useful purpose would be served in remanding the case to Trial Court or in cases of jurisdictional errors committed in judicial or quasi-judicial proceedings by Court or Tribunal, Constitutional jurisdiction of High Court could be invoked and such jurisdictional defects/errors could be corrected by High Court in its Constitutional jurisdiction---High Court set aside office objection as contention of petitioners required consideration---High Court declared that Constitutional petition was maintainable---Office objection was overruled, in circumstances. Ilahi Bukhsh v. Sheikh Muhammad Sadiq and 2 others 2005 CLC 1704; Sheikh Muhammad Sadiq v. Elahi Bukhsh and 2 others 2006 SCMR 12; Shauq-ur-Rehman v. Taimoor Ahmed Khan and 2 others 2004 CLC 281; Karim Bakhsh v. Additional District Judge Khanewal and 5 others 1993 MLD 2164; Ali Muhammad v. Hussain Bakhsh and others PLD 1976 SC 37; Muhammad Shafi v. Mushtaque Ahmed through legal heirs and others 1996 SCMR 856; Moulana Atta-ur-Rehman v. Al-Hajj Sardar Umar Farooq and others PLD 2008 SC 663; Mustafa Lakhani v. Pakistan Defence Officers Housing Authority Karachi 2008 SCMR 611 and Muslimabad Cooperative Housing Society Ltd. v. Mrs. Siddiqa Faiz and others PLD 2008 SC 135 ref. ORDER NADEEM AKHTAR, J.--- 1 2. Through this Constitutional Petition, the petitioners have impugned the order passed on 05.05.2010 in Civil Suit No.09/2006 by the 1st Senior Civil Judge, Khairpur, whereby the application filed by the petitioners under section 12(2), C.P.C. for setting aside the ex parte judgment and the decree passed in the said…

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