Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Limitation Act, 1908

Section: 181,5

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Limitation Act (IX of 1908), S. 5 ,  Art. 181---Bar to further suit---Limitation---Condonation of delay---Scope---Petitioner assailed the concurrent dismissal of his application under S. 12(2), C.P.C.---Validity---Claim of petitioner of being owner of 50 Marla in the property measuring 68 Marla would not be decided by the Rent Controller rather, the Rent Controller could not enter into the sphere of title---Simple matter, before the Rent Controller, was that the tenant had defaulted in payment of rent, against whom, a decree for ejectment was passed and executed---Application under S. 12(2), C.P.C. was filed after more than 8 years from the date of decree and after more than 7 years from the date of knowledge, therefore, the same was time barred---Petitioner had submitted an application under S. 5 of Limitation Act, 1908, but grounds taken therein were that the order passed in rent application was nullity in the eyes of law, as such, no limitation ran against filing of application under S. 12(2), C.P.C.---Whereas in any such application one who sought condonation of delay was required to explain the delay of each and every day but no such exercise was done by the petitioner---No illegality or jurisdictional defect in the impugned orders was pointed out---Constitutional petition was dismissed. Haji Wajdad v. Provincial Government through Secretary Board of Revenue, Government of Balochistan and others 2020 SCMR 2046 ref. Muhammad Sharif and others v. MCB Bank Limited and others 2021 SCMR 1158 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Bar to further suit---Scope---Law has provided a remedy for an aggrieved person to challenge the order, and decree of the Court which is the result of fraud and misrepresentation of facts by filing an application under S. 12(2), C.P.C. before the Court, which passed the final order, or decree---Fresh suit is barred with an object to prevent delay being caused in expeditious disposal of execution petition by making frivolous and mala fide objections thereto. (c) Administration of justice--- ----What cannot be done directly cannot be done indirectly. 2020…

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