Law:

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Civil Procedure Code (V of 7908)--- S. 12(2)-Word 'person' in S. 12(2)-Scope and connotation ­Section 12(2) contains word 'person' and not ' -debtor' or "his successor-in-interest" or words "party to' suit"-Intention of Legisla­ture-Legislature purposely used word 'person' only and not intended to restrict right of filing application under S. 12(2), C. P. C. only to " -debtor" or his "successor-in-interest" or a "person who was party thereto".-[Words and phrases]. Muhammad Ilyas v. Azhar Hafeez Sheikh and others P L D 1981 Lah. 353 distinguished. Abdur Rauf and others v. Abdur Rahim Khan P L D 1982 Pesh. 172 approved. Sardar Muhammad Akram, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 17th March, 1984. ORDER NASIM HASAN SHAH, J. The case of the petitioner is that he had entered into an agreement with one Mst. Amir Begum for the purchase of property bearing No. 332-A & 333 situate at Shahrah-e-Sarwar, formerly Elgin Road, Lahore, for a consideration of Rs. 75,000, out of which, he paid her Rs. 40,000 in advance, but before the contract of sale could be finalised and the sale deed executed, the said Mst. Amir Begum died without leaving any heir. The property, according to the petitioner, therefore, escheated to the Govern­ment. He, therefore, instituted a suit against the Province of the Punjab for possession of the property through specific performance of the contract of sale of the property in question. This suit was decreed ex parte on 20-3-1979 and the sale-deed was executed through Court on 15-12-1979. Respondents Nos. t and 2 herein alleging that they were the daughters of the late Mst. Amir Begum moved an application for setting aside the said decree under section 12(2) and Order IX, rule 13 of the C. P. C. on the ground that he had obtained it by practicing fraud upon the Court. In this connection they pointed out that the Lahore Cantonment Authorities had on 20-9-1978 mutated the property of Mst. Amir Begum in their favour, accepting them to be her heirs. Petitioner No. 1, by concealing the real facts from and by misrepresenting to the Court that Mst. Amir Begum had left no…

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