Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code (V of 1908)--- ----S. 12(2)--- Plaintiff filed application under S.12(2), C.P.C., stating therein that the District Judge without taking his consent and recording his statement had passed the impugned order whereby suit was disposed of as withdrawn---Application under S.12(2), C.P.C. was dismissed---Validity---Grounds for filing application under S.12(2), C.P.C., were fraud, misrepresentation and want of jurisdiction---No fraud was committed by the respondent; plaintiff was not misrepresented before the trial court as he had appeared in person before the trial court when the impugned order was passed and District Court under the Defamation Ordinance, 2002, had jurisdiction to entertain the defamation cases, hence, the petition filed by the plaintiff was not sustainable in the eyes of law---Trial Court had rightly dismissed the application---Revision petition was dismissed, in circumstances. JUDGMENT ALI BAIG, J.--- This civil revision petition has been filed under section 115, C.P.C. by the petitioner, namely Sher Afzal son of Muhammad Wali resident of Minawar against the impugned order dated 10.10.2018 passed by the learned District Judge Gilgit, whereby the learned trial court has dismissed the petition of the petitioner filed under section 12(2), C.P.C. 2. Brief facts forming background of this revision petition are that the present petitioner/plaintiff had instituted a suit for recovery of Rs.50 corore on account of defamation against the present respondent/ defendant on 29-4-2016. Later on the present petitioner/plaintiff withdrew his suit on 10-5-2016 from trial court stating that the parties have settled the matter as the plaintiff/petitioner has forgiven to the defendant/respondent. Accordingly, the suit was disposed as withdrawn by the learned trial court/District Judge Gilgit. 3. After withdrawal of suit the present petitioner/plaintiff filed an application under section 12(2), C.P.C. in the court of learned District Judge Gilgit stating therein that on 10-5-2016, the then District Judge Gilgit Mr. Muhammad Umar without taking consent of the present petitioner/plaintiff and without recording statement of the petitioner has passed…

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