Law: Civil Procedure Code (V of 1908)

Section: 12(2)(3)

(a) Civil Procedure Code (V of 1908)--- ----S.12(2), (3)---Decree challenged on ground of fraud and misrepresentation---Conversion of suit into application under S.12(2), C.P.C.---Trial Court dismissed the suit of the petitioners being time barred while Appellate court allowed the appeal and remanded the case with direction to frame issues, record evidence and decide the case on merits---Validity---Cursory reading of the plaint showed that the decree impugned was obtained by fraud and the same could not deprive the Court of its jurisdiction to decide it as an application under S.12(2) of the C.P.C. if otherwise such jurisdiction was available to the court under the law---It was not mandatory in every case to frame issue and record evidence for disposal of such an application---Subsection (3) of S.12 of the C.P.C. governs the procedure to be adopted by the Court while disposing of the application under S.12(2) of C.P.C. and without first allowing an opportunity to the civil court in that regard, the direction issued by the Appellate Court was unwarranted by law---Revision was partly allowed with the direction to Trial Court to proceed with the application of the respondents in accordance with subsection (3) of S.12 of C.P.C.---Revision was allowed, in circumstances. Noorul Amin and another v. Muhammad Hashim and 27 others 1992 SCMR 1744 and Sheikh Haroon-u-Rehman v. Muhammad Rafique and others 2022 CLC 167 rel. (b) Limitation Act (IX of 1908)--- ----Art.181 S. 18---Effect of fraud---Computation of time limit for instituting a suit or making an application---While dismissing suit of the respondents, the trial court did not at all consider application of S.18 of the Limitation Act, 1908 and dismissed claim of the respondents in a cursory and slipshod manner which rendered the same unsustainable in law---Revision was partly allowed. Bashir Ahmed through Legal Representatives and others v. Muhammad Hussain and others PLD 2019 SC 504 ref. (c) Administration of justice--- ----Procedural laws are meant for advancing the cause of justice and they cannot be made a vehicle of oppression to suppress the remedies---Courts always lean in favour of adjudication on merit…

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