Law: Civil Procedure (Special Provisions) Ordinance, 1968

Section: 12(2)

Civil Procedure Code, 1908 (V of 1908)---S. 12(2)--BalochistanUbran Rent Restriction Ordinance, 1959,S. 13(6)--Eviction application--Allowed--Application for setting aside order and decree was returned--Applicant was recorded owner of suit property--Applicant was not arrayed as party before rent controller--Suit for declaration and permanent was also filed by applicant--Concealment of facts regarding filing of civil suit by applicant--Challenge to--Appellant and respondent had intentionally and deliberately concealed fact from Court despite knowing that civil suit filed by applicant relates to said property--Concealment of fact could not be encouraged, it should be discouraged--Parties in FAO have obtained decision by fraud, collusion, misrepresentation and with connivance of each other which could not be overlooked--Appeal was allowed. Civil Procedure Code, 1908 (V of 1908)---S. 12(2)--Power of Court--Empowerment of Court to re-call/set aside its own order/ if found that it was obtained through fraud and misrepresentation--It is settled principle of law that fraud vitiates most solemn proceeding. 2019 MLD 201 ref. ORDER: Through this order I intend to dispose of CMA No. 1282 of 2020, filed by the applicant Pervez Khan under Section 12(2) Civil Procedure Code (CPC) for setting aside of order and decree dated 18th February, 2015 passed by Senior Civil Judge-III/Rent Controller, Quetta and judgment dated 8th October, 2020 passed by this Court in FAO No. 11 of 2015. 2. Concise facts of the case are that the applicant Pervez Khan filed application under Section 12(2) CPC with the prayer: “In view of above, it is therefore, respectfully prayed that this Hon‘ble Court may kindly be pleased to set aside the order/decree dated 18.2.2015 passed by Senior Civil Judge/Rent Controller, Quetta and judgment dated 8.10.2020 passed by this Hon‘ble Court may kindly be set aside being obtained through fraud, misrepresentation and concealment of facts, with any other relief in the interest of justice.” 3. Learned counsel for the applicant contended that the appellant (Samiullah) has assailed order of Rent Controller/Senior Civil Judge-III, Quetta by filing FAO No. 11 of 2015…

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