Law: Civil Procedure Code, 1908 (V of 1908)-, Specific Relief Act, (I of 1877),-Constitution of Pakistan, 1973

Section: -S. 12(2), S. 39-,, Art. 189

.

Civil Procedure Code, 1908 (V of 1908)--

----S. 12(2)--Specific Relief Act, (I of 1877), S. 39--Constitution of Pakistan, 1973, Art. 189--Application for set aside decree--Dismissed--Suit for cancellation of sale-deed--Decreed--Dismissal of appeal--Second appeal was accepted--Civil appeal--Dismissed--Warrant of possession--Mandatory obligation--Order for dismissal of application was not challenged before any forum--Past and closed transaction--The matter had been decided by Hon’ble Supreme Court of Pakistan and all organs of state were placed under mandatory obligation to comply with orders of Hon’ble Supreme Court of Pakistan as enshrined in Article 189 of Constitution--The applicant did not challenge said order before any forum, as such, same had became past and closed transaction--The applicants had filed instant applications under Section 12(2) C.P.C. without disclosing therein mandatory ingredients regarding existence of fraud, misrepresentation and want of jurisdiction whereas non-mentioning mandatory prerequisite, dismantle substratum of petition--Mere raising of fashion cursory / illusory allegation of fraud and misrepresentation did not bring petition within ambit of Section 12(2) CPC--The transfer in favour of applicant was clearly visualized after initiation of lis, principle of lis pendence was mandatorily applicable and applicant had to swim and sink with final outcome of lis and had no any independent right enforceable by law--Application dismissed. [Para 8, 9 & 10] A, B, C, D & E