Law: Civil Procedure Code (V of 1908)

Section: 12(2) , 151

Civil Procedure Code (V of 1908)---

----Ss. 12(2) & 151---Challenging the validity of judgment or order on the basis of fraud and misrepresentation---Conversion of application under S. 12(2), C.P.C. into application under S. 151, C.P.C.--- Inherent powers of court---Exercise of--Petitioner withdrew his suit on the basis of compromise but the cheque on the basis of which the compromise was affected was dishonoured with remarks "payment was stopped by the drawer"---Petitioner's application under S.12(2) read with S.151, C.P.C. was accepted by Trial Court restoring the suit of the petitioner but revisional court set aside the judgment of the Trial Court---Validity---Trial Court had rightly exercised inherent jurisdiction under S. 151, Code of Civil Procedure, 1908 because valuable rights of the petitioner were involved and he could not be knocked out of the arena of litigation merely on the basis of technicalities---Courts are to protect the valuable rights of the parties, that is why the inherent powers under S. 151, Code of Civil Procedure, 1908 have been conferred upon the Courts--Revisional Court, without keeping in view the peculiar facts and circumstances of the case in hand had roamed in oblivion, because an application under S. 12(2), C.P.C. could be converted into application under S. 151, C.P.C. in order to administer safer justice to the litigant public, whose interest were being infringed on the basis of order obtained by fraud---Impugned order was set aside and petition was allowed, in circumstances.

Wazir Khan and 8 others v. Sardar Ali and 25 others 2001 SCMR 750 rel.