Law:

Section:

Punjab Pre-emption Act (I of 1913)--S. 15---Civil Procedure Code (V of 1908), S 12(2)---Constitution of Pakistan (1973), Art. 185(3)---Suit for pre-emption was decreed on 13-10-1985---Appeal against and decree was dismissed by High Court---Defendant, meanwhile had filed application under S.12(2), C.P.C. to the effect that decree in question was obtained through fraud and misrepresentation---Defendants' such application was dismissed for having been filed after lapse of three years' period---Validity---Court while dealing with allegation under S. 12(2), C.P.C. need not in all circumstances frame issues, record evidence and follow procedure prescribed for decision of suit---Question as to whether issues were to be formulated and evidence of parties recorded in resolving allegations of fraud and misrepresentation would depend upon facts of each case in consonance with justice---High Court, after thorough scrutiny of material on record, was right in holding that father of defendants in whose favour the gift of land in question was made. during trial of suit, when Trial Court had dismissed suit for pre-emption, had remained silent for period of six years and never approached Court claiming ownership on basis of gift mutation---Such conduct would also militate against defendant whose predecessor-in-interest could not be allowed to make any premium for his own conduct---High Court had recorded specific finding that defendant's predecessor-in-interest was aware of litigation, which was going on between parties for pretty long time and it. was he who was responsible for concealing alienation in his favour from Courts by not making appropriate application within prescribed period of limitation---Inference drawn by High Court was supported by material on record---No exception, therefore, could be taken to impugned order whereby application filed by defendant under S. 12(2), C.P.C. was dismissed without formulating issues and recording evidence of parties---Impugned order, however, was passed by High Court after hearing both parties but defendant never sought permission to produce evidence in support of his application nor there was any prayer for formulation of issues at…

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