| Citation(s) |
|---|
| 2025 SLG 4970 2025 SLD 4970 = 2025 SHC 2407 |
C.P. No.S-673 of 2025
ARSHAD HUSSAIN KHAN, J.
17.09.2025 Mr. Shaukat Islam Kumbhar, Advocate for the petitioner. Syed Ale Maqbool Rizvi, Addl. A.G. Sindh.
[ Nasir v. Muhammad Hanif and others]
Law: Code Of Civil Procedure, 1908.
Section: 12(2),151,Order I Rule 10
Law: Constitution of Pakistan, 1973
Section: 199
✅ SUMMARY
The petitioner challenged two concurrent orders:
(1) the Rent Controller’s order dismissing his Section 12(2) CPC application, and
(2) the Revisional Court’s order dismissing his Civil Revision in limine.
The petitioner claimed ownership of Flat No.101 and argued that the ex-parte eviction order passed in Rent Case No.883/2023 (concerning Flat No.3) was obtained by fraud. The courts below held that he had notice of the rent case, failed to appear despite publication, and slept over his rights.
Both courts found that Section 12(2) CPC was not applicable, as no fraud or misrepresentation was pleaded with particulars, and the petitioner’s attempt was only to delay execution.