Law: Civil Procedure Code (V of 1908)

Section: 12(2)

(a) Words and Phrases--- ----Be that as it may---Connotation---When someone begins his sentence with this phrase, it does not mean that the person has accepted whatever was said before him as correct, true and authentic---Even if whatever was said was true and correct or although what has been said may be true yet it can neither change the situation nor affect opinion of writer---In case any petition has been dismissed with such phrase, it does mean that permission or allowance was granted. Cambridge Dictionary; Collin Dictionary; Merriam-Wesbster Dictionary; Longman Dictionary; Macmillan Dictionary; Free Dictionary and English Dictionary rel. (b) Civil Procedure Code (V of 1908)--- ----S.12(2)---Summary disposal of application---Proceedings by predecessor-in-interest---Effect---Petitioners sought setting aside of passed earlier by High Court on the ground that it was result of misrepresentation and fraud--- Validity--- When there were two or more remedies available to a party for redress of its grievance, it was always upto that party to choose recourse for redress of its grievance out of multiple remedies available to it--- After dismissal of petition by High Court, predecessor-in-interest of petitioners chose himself to challenge that order before Supreme Court and not before High Court---Neither predecessor-in-interest of petitioners nor petitioners could be allowed to re-agitate same matter in application under S.12(2), C.P.C. as the same was against doctrine of election--- Ordinarily application under S.12(2), C.P.C. was required to be treated like a suit, issues were to be framed and evidence to be recorded but in cases wherein from the very outset it was established that application filed under S.12(2), C.P.C. was legally not maintainable, the same could be dismissed in a summary manner without framing of issues and recording of evidence---Constitutional petition was dismissed, in circumstances. Abdul Majid v. Qazi Abbas Hussain Shah 1995 SCMR 429; Fazeelat Agha v. Chief Settlement Commissioner 2019 SCMR 417; Trading Corporation of Pakistan v. Devan Sugar Mills Limited and others PLD 2018 SC 828; Lahore Development Authority v. Firdous Steel Mills…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492