Law:

Section:

(a) Civil Procedure Code (V of 1908)-------Ss.12(2) & 115---Application for setting aside on ground of fraud decree on basis of which petitioner had to vacate premises in question which they claimed to have purchased---Petitioners were although in possession of such premises yet they were not party to that suit---Petitioner's application under S.12(2); C.P.C. was dismissed---Validity---Court had materially erred in failing to cite and consider case-law relied upon by counsel for petitioners on the ground that photo copies of such citations were not given by counsel---Objections raised by petitioners pertained to jurisdiction, limitation and fraud which could not be dismissed in such slipshod manner---Petitioner was under no obligation to supply photo copies of case-law---Once particular citation was referred to, onerous duty was cast upon Judge to have taken pains to scrutinize such case-law and discuss the same in the order---Even if counsel of any party could not cite relevant provision of statute and case-law on the subject, it was duty of Judge to decide matter in question justly by applying correct law---Impugned order whereby petitioner's application under S.12(2), C.P.C. was dismissed was set aside and case was remanded to Court with direction to decide the matter afresh according to law after scrutinizing case-law, discussing the same in the order and applying correct law on facts of case. Board of Intermediate and Secondary Education, Lahore v. Mst. Salina Afroze PLD 1992 SC 263; Muhammad Sarwar v. The State PLD 1969 SC 278; Haji Abdullah Khan v. Nisar Muhammad Khan PLD 1965 SC 690 and Ali Khan & Co. v. Allied Bank of Pakistan PLD 1995 SC 362 ref. (b) Duty of Court--- ---- Court must apply correct provisions of statute and case-law to facts of the case. Haji Abdullah Khan v. Nisar Muhammad Khan PLD 1965 SC 690 and Ali Khan & Co. v. Allied Bank of Pakistan PLD 1995 SC 362 ref. JUDGMENT The applicants are aggrieved by the order, dated 2-11-1995 whereby their application under section 12(2) read with section 151, C.P.C., which they had moved as intervenors in Civil Appeal No.85 of 1987 was dismissed by the learned 3rd Additional District…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492