Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 12(2)---Proceeding under S.12(2), C.P.C.---Nature---Proceeding under S.12(2), C.P.C. is in the nature of a declaratory suit seeking a declaration to the effect that the decree passed by Civil Court was the result of fraud and misrepresentation. (b) Civil Procedure Code (V of 1908)--- ----Ss. 12(2), 115, O.VII, R.11 & O.XXIII, R.1---Rejection of plaint--­Filing of suit after dismissal of application under S.12(2), C.P.C.--­Earlier suit was dismissed as withdrawn and against such dismissal order, the respondent had filed application under S.12(2), C.P.C. which application had also been dismissed---Instead of approaching next higher forum against the dismissal of her application under S.12(2), C.P.C. the respondent illegally resorted to file the-present plaint on the same cause of action---Trial Court in view of O.XXIII, R.1(3), C.P.C. rejected the plaint---Appeal against the rejection order passed by the Trial Court was allowed by Appellate Court and the case was remanded to Trial Court for decision afresh---Validity---Trial Court had rightly rejected the plaint as the respondent had illegally resorted to file the plaint in the present proceedings which was unambiguously hit by the provision contained in O.XXIII, R.1(3), C.P.C.---Order passed by the Appellate Court was illegal and without jurisdiction which was set aside and that -of the Trial Court was restored---Revision was allowed in circumstances. PLD 1998 Lah. 441; Karamat Ali Khan and another v. Sardar Ali and 29 others PLD 2001 SC (AJ&K) 30; Messrs Sindh Engineering (Pvt.) Ltd. v. O.T.I.S. Elevator Company and 3 others 2000 CLC 1524; Ghulam Rasool and 12 others v. Shana and 12 others 2001 MLD 661; Abdul Malik v. Muhammad Urfan 1989 CLC 2363; State v. Mansoor-ur­Rehman Khan Afridi PLD 2000 Lah. 90; Naseer Ahmad Shaikh v. Lt. ­Col. Munawar Hussain Shah 2000 CLC 1342 and Messrs Qasim International Container Terminal Pakistan Limited v. Federation of Pakistan and 7 others 1999 CLC 2065 ref. Qazi Muhammad Jamil for Petitioners. Qazi Zakiuddin for Respondent. Date of hearing: 15th December, 2003. JUDGMENT The petitioner is aggrieved from the judgment passed…

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