Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Limitation Act, 1908

Section: 181

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Bar to further suit---Recording of evidence---Scopes filed a suit for declaration and partition which was decreed ex parte filed an application under S. 12(2), C.P.C. which was dismissed by the Trial Court---Appellate Court allowed the appeal and the application under S. 12(2), C.P.C. was remanded to the Trial Court to record evidence before disposal of the application---Validity had alleged serious allegations against the petitioners on the ground that the and decree was obtained by playing fraud on the Court as despite the fact that he was in possession of the suit property since long but still he was not made a party in the case filed before the Trial Court---In view of the claims made by respondent, the Trial Court ought to have given an opportunity to the respondent to lead evidence---No doubt, decision on application under S. 12(2), C.P.C. without recording evidence was not against the law, however it depended on the facts and circumstances of each case---Specific allegations of fraud and misrepresentation were alleged against the petitioners which warranted evidence---No material illegality was found in the impugned ---Constitutional petition was dismissed. (b) Limitation Act (IX of 1908)--- ----Art. 181---Limitation---Scope---Where no specific limitation is provided then the provision of Art. 181 of Limitation Act, 1908, will attract. JUDGMENT MUSARRAT HILALI, JUSTICE:---.---Through the petition in hand, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, petitioners have prayed for setting aside the impugned order dated 28.11.2019 passed by learned Appellate Court and restoring that of the learned trial court dated 03.07.2019. 2. Briefly stated facts of the case are that the petitioners filed a suit for declaration before the learned Senior Civil Judge, Peshawar and after obtaining decree, he filed an execution petition before the learned Executing Court whereby, warrant of possession of decretal property was issued. In the meanwhile, respondent No.1 filed an application under section 12(2), C.P.C. before the learned trial Court for setting aside the decree dated…

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