Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code (v of 1904) S. 12(2) [as added by Code of Civil Procedure (Amendment) Ordi nance (X of 1980)]-Application for challenging validity of decree on plea of fraud-Provision of S. 12(2) operates as a bar against fresh institution of suits and does not affect appeals aising out of facts filed and decided before insertion of subsection (2) to S. 12.-[Decree Fraud]. LINK1 LINK2                                                                                                                  ORDER This Civil Revision has arisen out of a. suit brought by the respondent, Malik Allah Ditta, challenging a decree passed against him: It was contended by him that the decree was obtained by fraud. The petitioners, Muhammad Siddique and others, were defendants in -the said suit which was decreed. By the Civil Judge,' Nankana Sahib, District Sheikhupura, Feeling aggreived by the judgment and decree of the learne Civil Judge, the petitioner filed an appeal before an Additional District Judge of Sheikhupura. During the pen dency of the appeal, section 12 of the Code of Civil Procedure was amended by means of the Code of Civil Procedure (Amendment) Ordinance, 1980, and subsection (2) was added in that section so as to provide that if any decree is to be assailed on the ground of fraud it shall be done by making an application to the Court passing the decree and not by a separate suit. In view of the above amendment in the Code of Civil Procedure, the petitioners made an application to the learned Additional District Judge that since the appeal brought by them was the continuation of the suit instituted by the respondent, his suit was hit by that amendment. By raising this contention, the petitioners prayed for the dismissal of the suit brought by the respondent. Their plea, however, did not find favour with the learned Additional District Judge as he was of the view that since the…