| Citation(s) |
|---|
| 2026 SLG 1197 2026 SLD 1197 = 2026 LHC 2505 |
Lahore High Court
W.P. No.26795/2025
Presented By: (ASIM HAFEEZ) JUDGE
20.04.2026 M/s Ch. Waseem Arif Bhaddar and Ahsan Bangash, Advocates for petitioner(s). Mr. Muhammad Fayyaz Ch. Advocate for respondents.
W.P. No.26795/2025
Presented By: (ASIM HAFEEZ) JUDGE
20.04.2026 M/s Ch. Waseem Arif Bhaddar and Ahsan Bangash, Advocates for petitioner(s). Mr. Muhammad Fayyaz Ch. Advocate for respondents.
Lahore Development Authority
VERSUS
Syed Ashraf Ali, etc.
Law: Civil Procedure Code, 1908
Section: 12(2), 13
Summary
The petitioner Authority challenged dismissal of its applications under Section 12(2) C.P.C., filed to set aside ex parte decrees allegedly obtained through fraud and misrepresentation (use of fake exemption letters).
The High Court held that:
- The trial court exceeded its jurisdiction by examining the genuineness of disputed documents (exemption letters).
- Under Section 12(2) C.P.C., the Court’s role is limited to determining:
- Whether the judgment was obtained by fraud, misrepresentation, or without jurisdiction.
- It is not the function of Section 12(2) proceedings to conduct a full trial on disputed facts/documents.
- Determination of genuineness of documents is a matter for regular trial after setting aside decree.
- Courts wrongly treated 12(2) proceedings like a civil trial, which is legally incorrect.
Result: