Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Specific Relief Act, 1877

Section: 8,42,54

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Specific Relief Act (I of 1877), Ss. 8, 42 54---Suit for recovery of possession, declaration and injunction---Judgment, setting aside---Fraud and misrepresentation---In suit filed by plaintiffs, applicants were represented through their real brothers---Suit was decreed in favour of plaintiffs and appeal before Lower Appellate Court was dismissed---During pendency of revision petition before High Court, applicants sought setting aside of s and decrees under S.12(2), C.P.C.---Entire family had been part of litigation and three Local Commissions visited the spot which had been constituting the cause of dispute in instant litigation but nowhere could the applicants become aware of pendency of litigation---Such stance was unbelievable and nothing more than a false plea and an afterthought---If such practice was allowed, then there would be no end to abuse of process of Court and there could be no finality ever in litigation between parties---Application was an effort of the nature of abuse of process of Court and deserved to be buried at very first instance---Petition was dismissed, in circumstances. Trading Corporation of Pakistan v. Devan Sugar Mills Limited PLD 2018 SC 928; Muhammad Azeem and 3 others v. National Bank of Pakistan and 8 others 2001 MLD 135; Director of Criminal and Penal Prosecutions v. Robert Jodon and others 2017 SCMR 1444; Muhammad Younis and another v. Venue Gurdas Advani and others 2015 CLD 390; Pakistan Steel Oil Company Limited through Attorney v. Abdul Khalique Gandakwala 2000 CLC 1196 and Iqbal Sultan v. Miss Chand Sultan and 2 others 1990 CLC 366 rel. JUDGMENT WIQAR AHMAD, JUSTICE:---.--- This order is directed to dispose of the instant application filed by the petitioners under section 12(2), C.P.C. for setting aside judgment of this Court dated 22.11.2013 passed in C.R No. 59-P of 2013. 2. Initially, plaintiffs Zufiqar Ali and others (respondents Nos. 9 to 14 and 18 herein) had filed a suit for declaration, possession as well as grant of preliminary decree in respect of their shari shares in the property left by their predecessor namely Abdul Rahman deceased, which was accepted and…

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