Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Court need not treat proceedings under S.12(2), Civil Procedure Code like a civil suit and embark upon determination of controversy involved. Generally provisions of section 12(2), C.P.C. are invoked by an un- successful litigant as a last resort and it is not obligatory f)r the Court to give. to such move: `treatment' of a civil suit and embark upon determination of controversy involved, all over again. Bona fides of the applicant and apparent soundness of his averments have to be examined preliminarily by the Court and if it does not find itself persuaded to believe what was being pleaded by the petitioner, it could refuse to proceed further, since a detailed inquiry to be undertaken in the manner of a civil action, which was likely to stretch over years, would amount to subjugation to crafty designs of a clever litigant, that might bring in its wake frustration to the decree-holder or the rightful claimant; although in genuine cases, if ostensibly or manifestly a person had been wronged, and defrauded, and he had chosen to invoke in his aid the provision of section 12(2), C.P.C. the same would warrant an objective appraisal of such plea and its through scrutiny, to be made in the light of necessary evidence. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Proceedings under S.12(2), C.P.C. whether initiated bona fide--­Petitioner's plea was not just resfricted to the allegation that proceedings in earlier litigation had been conducted in his absolute ordnance but that respondents had acted in active connivance with each other to keep him (petitioner) in complete darkness---Record showed that earlier litigation had consumed a period of about six years and at every stage a real contest was put in by the parties in various Courts---When claimants of property in question, were righting for their respective claims, petitioner being its occupant under one of the litigants, could not possibly remain unaware of the moves made by the rival claimant---Courts below had concurrently- found and correctly so, that petitioner was lout to about; the process of Court, by pretending ignorance, and alleging collusion…

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