Law: Civil Procedure Code (V of 1908)

Section: 12(2),24A

(a) Civil Procedure Code (V of 1908)--S.12(2), 24A O.IX, R. 13---Suit for declaration, cancellation, etc./defendant filed written statement---Suit decreed ex-parte contended that he could not contest the suit as no notice in terms of S.24A of Civil Procedure Code was received from the Court---Application under S.12(2), C.P.C., and subsequent revision petition were dismissed---Validity---Held, that for getting an ex-parte /decree set-aside on the ground of improper service, the remedy lied under O.IX, R.13 of C.P.C. and not under S.12(2) thereof---Both these provisions of law were to be read independently on account of different limitation period---None of ingredients of S. 12(2), i.e., fraud, misrepresentation and want of jurisdiction were attracted admitted that when the case was transferred from one judge to another, Court motion notice was received by him and he approached the Court and proceeded with the matter preferred to remain indolent and after ex-parte decree filed the application under S.12(2) of C.P.C. challenging the validity of the and decree did not choose to avail the remedy provided under O.IX, R.13 of C.P.C. or S. 96(2) thereof---Constitutional petition was dismissed accordingly. (b) Constitution of Pakistan---Art.199---Civil Procedure Code (V of 1908), S.12(2)---Constitutional petition---Jurisdiction---No relief could be granted to the petitioner as the power of the Court under Art. 199 of the Constitution was purely discretionary and meant to foster the cause of justice and fair play. ORDER: AHMED ALI M. SHAIKH, CHIEF JUSTICE:---.--- The Petitioner has called into question the order dated 15.03.2021 penned down by the learned VIth Additional District Judge/Model Civil Appellate Court-Ext., Karachi Central, in Civil Revision No. 50 of 2021 whereby the dismissal of Petitioner’s Application under Section 12(2), C.P.C., vide order dated 16.10.2020 passed by the learned Vth Senior Civil Judge, Karachi, was maintained. 2. Facts giving rise to these proceedings are that on 17.09.2014 private Respondents Nos.1 to 5 filed a Suit bearing No. 999 of 2014 for Declaration, Cancellation, Possession, Mesne Profit and Permanent Injunction (the “Suit”)…

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