Law:

Section:

(a) Civil Procedure Code (V of 1908)-------Ss. 12(2) & 115---Dismissal of petitioner's -application under S.12(2), C.P.C. without framing issues and recording of evidence---Validity---Petitioner in her application under S.12(2), C.P.C. had challenged preliminary decree dated 5-7-1994 on the ground that same was allegedly obtained by fraud and misrepresentation---Originally, suit for partition was filed by plaintiff's real daughter' wherein petitioner was impleaded as defendant but subsequently petitioner appeared in person alongwith plaintiff (her daughter) and sought to be impleaded_ as plaintiff---In suit for partition neither plaintiff nor co-plaintiff (petitioner) had taken plea that co-plaintiff had become exclusive owner on account of property in question having been gifted to her by her late husband--­Petitioner even after preliminary decree while appearing before Local Commissioner, did not mention factum of gift in her favour but had stated before Commissioner that she would have no objection if property was partitioned yin accordance with shares of parties in the estate of deceased--­Similar statement was made by petitioner before Trial Court before preliminary decree for partition was granted in favour of plaintiffs (wherein petitioner was co-plaintiff)---Petitioner for the first time in her application under S. 12(2), C.P.C. had made mention of two gift deeds allegedly executed on 12-2-1963 and 10-4-1973---Such documents were in contradiction to each other---If gift was already made on 12-2-1963 in favour of petitioner, there was no necessity of gifting same property to petitioner through second gift-deed---Court was not bound to frame issues and record evidence in each and every application submitted under S. 12(2), C.P.C.---Where such application -did not disclose prima facie case and reasonable grounds did not exist for setting aside ex pane decree, Court would not frame issues and record evidence---Order of Trial Court dismissing petitioner's application under S.12(2), C.P.C. without framing issues and recording of evidence did not suffer from legal infirmity. Ghulam Muhammad v. M. Ahmad Khan and others 1993 SCMR 662; Sunni View Cooperative…

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