Law: Code Of Civil Procedure, 1908.

Section: 12(2), 1 & 2

Law: Transfer of Property Act, 1882

Section: 52

Law: Limitation Act, 1908

Section: 181

 Summary

The High Court allowed the constitutional petition and restored the Trial Court's order dismissing an application under Section 12(2) CPC. The respondent, Mst. Sobia Bibi, had challenged an ex parte decree on the ground that she had purchased part of the suit property during the pendency of the suit and was not impleaded as a party, alleging that the decree was obtained through fraud.

The Court held that her purchase was made pendente lite, during the pendency of the suit and in violation of an injunction order, making the transaction subject to the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882. As a purchaser pendente lite, she stepped into the shoes of her vendor and was bound by the outcome of the litigation. The Court further held that non-impleadment of such a purchaser did not amount to fraud on the Court, which is an essential requirement for invoking Section 12(2) CPC. Since no fraud or misrepresentation had been practiced upon the Court, the application under Section 12(2) CPC was not maintainable.

Accordingly, the High Court set aside the revisional court's judgment and restored the Trial Court's order dismissing the Section 12(2) CPC application.