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Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), S. 12(2)--Application challenging validity of on plea of fraud/misrepresentation-­Limitation of--Leave granted to resolve divergence of view between two High Courts through an authoritative pronouncement by Supreme Court on questions involved. Sikandar v. Saleh Muhammad 1983 C L C 1590 and Malik Inayatullah Khan v. Government of Pakistan PLD 1985 Pesh. 23 ref. Muhammad Arif, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for Petitioners. Maqbool Ahmad Kadri, Advocate-on-Record for Respondents. Date of hearing: 23rd June, 1985. ORDER ASLAM RIAZ HUSSAIN, J.--The facts giving rise to this petition are briefly that the petitioners and the respondents had a dispute with regard to a part of Property No. 138-Anarkali, Lahore. The parties referred the matter to an Arbitrator. The award was made rule of the Court vide judgment dated 4-2-1982 passed by the learned Civil Judge, Lahore. Respondents 1 to 8 thereafter filed an application under section 12 (2), C.P.C. for setting aside the judgment of the Civil Judge, on the ground that it had been obtained by fraud and misrepresentation. This application was, however, dismissed by the learned Senior Civil Judge on 14-1-1985 on the ground that it was barred by time. In holding so, he relied on Sikandar v. Saleh Muhammad 1983 C -L C 1590, wherein the view…

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