Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Law Reforms Ordinance (XII of 1972), S.3---High Court appeal---Allegation of fraud or misrepresentation---Appellant was served who put in his appearance, tiled written statement and issues were framed---Appellant moved application under O.VII, R. 11, C.P.C. for rejection of plaint and for setting aside decree under O.IX, R. 13, C.P.C. on ground of fraud etc.--­Validity---No fraud or misrepresentation was practised or committed by the respondents in procuring and decree---Application under S.12(2), C.P.C. was not competent. (b) Civil Procedure Code (V of 1908)--- , ----S. 12(2) & O. IX, R.13---Law Reforms Ordinance (XII of 1972), S.3---High Court Appeal---Limitation Act (IX of 1908), S.5 & Art. 181---Limitation--­Applications under O. IX, R.13, C.P.C. alongwith S.5, Limitation Act, 1908 were dismissed being not maintainable---Validity---Extended period of limitation under Art.181, Limitation Act, 1908 was not available to appellant. (c) Civil Procedure Code (V of 1908)--- ----S. 12(2), O.IX, R.13 & O.XLVII, R.1---Limitation Act (IX of 1908), Art.162---Review---Limitation---Application under S.12(2), C.P.C. seeking review or setting aside of and decree as well as order passed on application under O.IX, R.13, C.P.C.---Application for review could be filed within 20 days under Art.162, Limitation Act, 1908 from date of decree or order---Application not filed within the prescribed period was time-barred. JUDGMENT HAMID ALI MIRZA, J.--- This is a High Court Appeal under section 3 of Law Reforms Ordinance, 1972 as amended by Ordinance X of 1980 against the order of learned Single Judge dated 16-10-1997 dismissing an application under Order 12(2), C.P.C. filed by the appellant against the judgment and decree, dated 17-1-1995 passed by this Court in Suit No.1200 of 1989 (Messrs AMA (Pvt.) Limited v. Riyaz Qasim). Brief facts of the case are that the respondents/plaintiffs filed suit for recovery of Rs.13,60,967 against the appellant/defendant on 21-10-1989, the appellant/defendant filed written-statement on 16-1-1990, and the issues were settled by this Court on 7-10-1990. The appellant/defendant filed…

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