Law: Civil Procedure Code (V of 1908)

Section: 12(2),10

Civil Procedure Code (V of 1908)--- ----S.12(2) O.I, R.10---Challenge to a decree / order / on ground of fraud or misrepresentation---Adjudication of an application under S.12(2), C.P.C.---Addition / deletion of parties under O.I, R.10, C.P.C.---Scope---In a proceeding under S.12(2), C.P.C., an application for addition or deletion of a person under O.I, R.10(2), C.P.C. could be filed and adjudicated upon on its own merits. Raja Muhammad Arshad v. Raja Rabnawaz 2015 SCMR 615 rel. JUDGMENT MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- Through the present Appeal, Appellant has challenged the order dated 08.11.2018 (“Impugned Order”), whereby, Application under Order I, Rule 10(2) of Civil Procedure Code, 1908 (“C.P.C.”) was allowed and the present Respondents Nos.3 to 5 were impleaded as Respondents Nos.3 to 5 in J.M. No.52 of 2016. 2. Relevant facts for deciding this Appeal is that present Appellants are claiming their entitlement as owners in respect of a house built on Plot No.10-A/II, 27th Street, Phase-V Extension, Khayaban-e-Shamsheer, measuring 1000 Square Yards, DHA, Karachi - Subject Property. Present Appellants preferred J.M. (Judicial Miscellaneous) No.52 of 2016, under Section 12(2) of C.P.C., challenging the order dated 11.07.2012 and decree dated 30.07.2012, passed in Suit No.752 of 2012, on the ground that the same was obtained through fraud and misrepresentation. As per the record, Suit No.752 of 2012 was preferred by one Ahmed Saleem Khan, who has been arrayed as Respondent No.1 in the present Appeal against present Respondents No.2 (Syed Raza) and predecessor-in-interest of the present Appellant, namely, (late) Zafar Ali Kayani. Last two Respondents were impleaded as Defendants Nos.1 and 2 respectively in the said suit, which was, inter alia, for Specific Performance of the Contract in respect of the above Subject Property, which was compromised between the Parties and consequently, a compromise decree dated 30.07.2012 was drawn up (available at page-275 of the present Appeal), which was challenged in the above J.M. proceeding. 3. Mr. Zayyad Khan Abbasi, Advocate for the Appellant, has argued that present Respondents Nos.3, 4 and 5, who filed…

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