Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Limitation Act, 1908

Section: 18

Civil Procedure Code (V of 1908)--- ----S.12(2)---Limitation Act (IX of 1908), S.18---Suit for declaration and permanent injunction---Compromise decree---Fraud and misrepresentation---Decree, setting aside of---Limitation---Suit was dismissed against which appeal was filed---Parties compromised before the Appellate Court and compromise decree was passed---Applicant filed application for setting aside of compromise decree which was dismissed being time-barred---Contention of applicant was that decree had been obtained by fraud and misrepresentation---Validity---Applicant was brother of defendants and suit land was their common property--- Defendants had effected compromise with the plaintiff without consent and permission of applicant---Applicant was not a party in the suit filed on behalf of plaintiff---If decree had been obtained by fraud and misrepresentation then limitation would start from the date when decree came in the knowledge of petitioner---Limitation was a mix question of law and facts and same required evidence---Trial Court would have framed issues and after recording evidence the petition was to be decided on merits---Impugned order passed by the Court below was set aside, in circumstances---Application was to be deemed to be pending before the Trial Court and to be decided after framing of issues and recording of evidence of the parties in accordance with law---Appeal was allowed, in circumstances. 1986 SCMR 1496 and 2001 MLD 1265 rel. JUDGMENT ALI BAIG, J.--- This Civil First Appeal has been preferred against the impugned judgment/order dated 23-08-2019 passed by the learned Additional District Judge Gilgit, whereby, the learned Additional District Judge Gilgit has dismissed the application filed by the present appellant under section 12(2), C.P.C. without giving due opportunity to prove contention of petitioner/appellant. 2. Briefly facts of the case leading to the filing of this Civil First Appeal are that the present respondent No.6/ plaintiff (hereinafter called as respondent No.6) had instituted a suit for declaration and permanent injunction against the present respondents Nos.1 to 5 in the trial court in respect of suit property situated…

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