Law: Criminal Procedure Code (IV of 1898)

Section: 12(2)

REMARKS

Section 12(2) CPC:
In civil litigation, Section 12(2) of the Civil Procedure Code (CPC) provides an extraordinary remedy to aggrieved parties who believe that a judgment decree or order has been obtained through fraud, misrepresentation, or want of jurisdiction. The provision stands as a safeguard against miscarriage of justice and upholds the sanctity of legal proceedings by ensuring that the courts are not misled into delivering unjust decisions. This section, therefore, bars the institution of a separate suit and mandate s that the proper forum for challenging such a decision is the same court that passed it. Section 12(2) is not a substitute for appeal of revision. It is a collateral remedy meant to address only specific grievances: i.e. Fraud: which is a deliberate deception to secure an unjust advantage, Misrepresentation such as false representation that misleads the court and Want of Jurisdiction as a judgment rendered by a court that lacked legal authority.
It is settled law that Section 12(2) cannot be invoked merely on the ground that a plea or issue raised during trial was not considered or decided, unless such omission was the result of fraud or misrepresentation. In the case o[ applicants, the plea about the status of the respondents (petitioners of writ petitions) was raised, replied, details provided by them (employees) and the court has decided the lis, the petition there against failed, moreover, the applicants could not prove the factum of alleged fraud & misrepresentation through the contents of applications or during arguments.
(i)Whether a person who has contested the lis submitted a reply, and was afforded an opportunity of being heard-where after the lis was decided on merits can subsequently challenge the judgment under Section 12(2) C.P.C.?
ii) Whether, in deciding the writ petitions during the earlier round of litigation. The respondents/petitioners committed any fraud concealed material facts, or misrepresented events in relation to the proceedings before this Court?
iii) Whether a order can be challenged through application under Section 12 C.P.C - if a plea taken during the trial was not specification addressed or decided in the final determination?
Section 12(2) cannot be invoked merely on the sounds that a plea or issue raised during trial was not considered or decided. Unless such omission wasthe result of fraud or misrepresentation.
Failure to consider a legal does not constitute fraud or misrepresentation unless the opposing party actively concealed facts or manipulated the proceedings.
Application under Section 12(2) is not a substitute for an appeal or review, even where the court has ignored a material plea or evidence.

Summary of Judgment