Law: Code Of Civil Procedure, 1908.

Section: 12(2)

 Summary:

The petitioner filed an application under Section 12(2) CPC seeking to set aside this Court’s order dated 19.02.2026, whereby his writ petition (W.P. No. 886/2023) had been disposed of as “not pressed” by his duly authorized counsel.

The background shows a long history of litigation over immovable property originally subject to a decree for specific performance (1994), followed by multiple execution proceedings, transfers, and successive challenges under Section 12(2) CPC. The petitioner’s father had earlier pursued similar challenges without impleading necessary purchasers, leading to repeated remands and adverse appellate orders.

In the present matter, the writ petition was withdrawn by the petitioner’s counsel, who was duly authorized through a general power of attorney. Later, the petitioner attempted to revive the matter by alleging fraud through an application under Section 12(2) CPC.