Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)-------S. 12(2)---Constitution of Pakistan, Art. 199----Ex-parte decree, setting aside of---Serious allegations of fraud, collusion and misrepresentation---Procedural defect, identification of---Non-framing of issues---Summary disposal of application under S. 12(2) C.P.C. by the Trial Court and non-interference by the revisional court---Held, that Trial Court correctly identified the procedural defect in the ex-parte judgment and decree, but failed to adopt the proper procedure while deciding the application under S.12(2) C.P.C.---Respondents had disclosed serious allegations of fraud, collusion and misrepresentation culminating in the said judgment and decree, thus, summary disposal of the application was not justified---Trial Court should have framed necessary issues and record evidence of the parties, particularly as the ex-parte judgment and decree had also been passed without recording evidence and such a procedural lapse undermined the integrity of the judicial process and warranted a more detailed inquiry---Trial Court erred in law by summarily disposing of the application under S.12(2) C.P.C., as the allegations raised by the respondents required adherence to procedural requirements to ensure a just and fair adjudication---Constitutional petition was allowed, in circumstances and the matter was remanded to the Trial Court with a direction to allow the relevant parties to become a necessary part, frame proper issues, allow them to lead evidence and then decide the application under S. 12(2), C.P.C. afresh in accordance with law.Muhammad Akram Malik v. Dr. Ghulam Rabbani and others PLD 2006 SC 773 and Lahore Development Authority through Director General v. Arif Manzoor Qureshi and others 2006 SCMR 1530 rel.ORDERJAWAD HASSAN, J.---The Petitioner, through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (the "Constitution") has impugned the orders dated 29.03.2019 and 19.09.2018, passed by learned Courts below; whereby the Respondents' Application under Section 12(2) C.P.C. was allowed.2.    Brief facts of the case are that the Petitioner/decree holder filed a…