Law: Civil Procedure Code (V of 1908)

Section: 12 (2) , 115

  Practice and procedure--- ---- Judge of the Appellate Court deciding appeal against judgment and decree which had been passed by himself as a trial Judge---Judgment and decree of Appellate Court stood vitiated and case merited to be remanded for fresh decision to another Appellate Court---Record of case, however, having been received, High Court proceeded to dispose of the revision on merits-- Appellate Court was, however, cautioned, rather  warned  and  admonished  for  the negligence---Civil Procedure Code (V of 1908), S.115.---[Administration of justice] . Civil Procedure Code (V of 1908)--- ----Ss. 12(2) & 115---Setting aside decree on plea of fraud or misrepresentation---Original suit could not be dismissed on account of pica of fraud or misrepresentation with regard to its adjudication but would be deemed to be pending, to be decided on merits, with opportunity to defendants to file their written statement, to be followed by list of witnesses and evidence of parties---Judgments/orders and decrees of Courts below were upheld to the extent of setting aside of original impugned decrees which would be deemed pending to be decided on merits in accordance with law.   Samiullah Jan for Petitioners. M. Sardar Khan, A.G. (N: W.F.P.) for Respondent No.1. Muhammad Riaz Khan for Respondent No.2 Date of hearing: 4th December, 1991. JUDGMENT This revision petition arises in the background of facts that Suit No.68/1 of 1987 filed by Dilbar Khan etc. herein the petitioners against Government of N.-W.F.P. through Collector, Kohat was decreed vide the judgment and decree dated 26-4-1987 by the Court of Mr. Mohammad Ibrahim Khan, Senior Civil Judge, Kohat. On 12-11-1987 Government of N.-W.F.P. filed application for setting aside of the said decree on grounds of mis representation and collusion under section 12 (2), C.P.C. By his judgment and order/decree dated 10-1-1991 learned Senior Civil Judge accepted the application, set aside decree in Suit No.68/1 of 1987 and also proceeded to dismiss the suit. Dilbar Khan etc. the petitioners filed Appeal No.26/13 of 1991 in the Court of Additional District Judge, Kohat who by his judgment…