Law:

Section:

(a) Civil Procedure Code (V of 1908-------S. 12(2) [added by Code of Civil Procedure' (Amendment) Ordinance (X of 1980)], & 5.115---Sutis challenging validity of decrees dated 3-12-1981 and 14-12-1982, on grounds of fraud and misrepresentation---Maintainability---Prior to institution of such suits, S.12, C.P.C. was amended by Ordinance X of 1980 and through that Ordinance subsection (2) was added to S.12, C.P.C. which provided that person challenging validity of any , decree or order, on plea of fraud, misrepresentation or want of jurisdiction had to seek his remedy by making application to Court which had passed final , decree or order and not by separate suit---Suit challenging validity of decrees dated 3-12-1981 and 14-12-1982 on ground of fraud or misrepresentation were thus, barred by express provision of S.12(2), C.P.C. Mst. Zainab v. Mst. Raji and others PLD 1960 SC (Pak.) 229; Ahmad Din v. Muhammad Shafi and others PLD 1971 SC 762 and Ghulam Muhammad v. Muhammad Din and others 198914(LD 488 ref. (b) West Pakistan Rehabilitation and Settlement Scheme, 1956--- ----Paras. 46 & 46-A---Object of the scheme---Object of West Pakistan Rehabilitation and Settlement Scheme, 1956, was to rehabilitate maximum number of displaced persons---Provisions of paras. 46 & 46-A of the Scheme were not really intended to determine rights of heirs of deceased right-holders in respect of properties left by them in India---Mutations entered by Rehabilitation Authorities were simply meant to determine as to whom should be allotted land to Pakistan in lieu of property abandoned by exercise was undertaken on claims made by displaced persons---Where concerned person did not come forward to lodge claim before Rehabilitation Authorities, then he could not make grievance that said Authorities had allotted land to any other heir of deceased. (c) West Pakistan Rehabilitation and Settlement Scheme, 1956--- ----Para. 46---West Pakistan Land Revenue Act (XVII of 1967), S. 42---Bar of jurisdiction of Civil Court---Mutations sanctioned by Assistant Rehabilitation Commissioner under provisions of para. 46, Rehabilitation and Settlement Scheme were immune from attack in Civil Court.…

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