Law: Civil Procedure Code (V of 1908)

Section: 12(2)

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Fraud, misrepresentation or want of jurisdiction---Application under S. 12(2), C.P.C.--- Remedy, insertion of---Objective---Matter of partition of joint Khata, comprising around forty (40) co-sharers, remained pending before revenue hierarchy and was finally disposed off after one of the co-sharers invoked constitutional jurisdiction of the High Court---Petitioner (Overseas Pakistani) moved an application under S. 12(2) of Civil Procedure Code, 1908, in said disposed of Writ Petition alleging that the name of his deceased father was arrayed instead of legal heirs(including the petitioner)---Validity---Provision of S. 12(2) of the Civil Procedure Code, 1908, was inserted with the purpose to provide a short-cut remedy to the aggrieved party and also to save the party from the vagaries of further litigation by conferring a legal right to a party to challenge the final judgment, decree or order obtained through fraud , misrepresentation or without jurisdiction within the same proceedings/forum through an application under S. 12(2), C.P.C., 1908, instead of filing a separate independent civil suit---Second suit or second application on the same cause of action between the same parties was barred under S. 12(2), C.P.C., 1908, however, such a final judgment, decree or order could be challenged through an application under S. 12(2), C.P.C, 1908, having indispensible ingredients of fraud, misrepresentation and want of jurisdiction---Petitioner had failed to point out any ingredient falling under S. 12(2) of the C.P.C., 1908 in the impugned proceedings---Application was dismissed, in circumstances. (b) Contract Act (IX of 1872)--- ----Ss. 17 & 18---Civil Procedure Code (V of 1908), S. 12(2)---Application under S. 12(2), C.P.C.---Fraud and misrepresentation, meanings of---Words "fraud", "misrepresentation" and "want of jurisdiction" have not been defined in the Civil Procedure Code, 1908,---It is appropriate to borrow plain meanings of 'fraud' and 'misrepresentation' from the dictionary as well as from Ss. 17 & 18 of the Contract Act. (c) Civil Procedure Code (V of 1908)--- ----S. 12(2) & O. VI, R.…

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