Law: Civil Procedure Code (V of 1908)

Section: S.12(2),96,O.XXII,R.3,O.VII,R.24

Law: Civil Procedure Code (V of 1908)

Section: S.12(2),96,O.XXII,R.3,O.VII,R.24

Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), Ss.12 (2), 115 & 148---Decree, setting aside of---Misrepresentation---Non-issuance of notice--Enlargement of time---Plaintiff sought extension in time for deposit of balance consideration amount but the same was denied by Trial Court as well as by Appellate Court---High Court in exercise of revisional jurisdiction directed the Trial Court to proceed further---Defendants sought setting aside of the order passed by High Court on the plea of misrepresentation and not being served prior to the decision of High Court---Validity---Defendants were duly served which was also recorded in order of Single Judge of High Court and notices were issued to all defendants at their given address---One of the defendants appeared in High Court and made a statement undertaking to produce remaining defendants on next date of hearing---On next date, same defendant appeared in High Court and filed a counter affidavit to injunction application and he once again undertook to either file power of attorney of remaining defendants or to file Vakalatnama in favour of an advocate on the next date of hearing---Again on next date of hearing, three defendants were present in person before High Court---Defendants had been pursuing civil revision filed by plaintiff for last four years and they were fully aware of the date of hearings---As both the courts below had rejected application for enlargement of time to deposit decretal amount, therefore, upon filing civil revision application by plaintiff, High Court deriving powers under its revisional jurisdiction was competent to correct it in accordance with law---No bar or restriction under S. 115, C.P.C., existed whereby civil revision application could only be filed against single order---No want of jurisdiction was found and defendants were not misrepresented or committed any fraud or misled the court in obtaining order---High Court declined to set aside the and order passed in exercise of revisional jurisdiction---Application was dismissed in circumstances. Dr. Abdul Basit for Applicant. S. Hassan Imam for Respondents Nos. 4 and 5. ORDER TUFAIL H. EBRAHIM,…

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