Law: Civil Procedure Code (V of 1908)

Section: 12(2),OrderXLI,rule21

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Invocation of S.12(2), C.P.C.---Scope---Held, for invoking S.12(2), C.P.C. qua a , decree or order, it was to be shown that the same was result of fraud, misrepresentation or want of jurisdiction---Where the material on record failed to indicate that there was any element of "fraud" or "misrepresentation" in the matter or there was any "want of jurisdiction" of the court, the provisions of S.11(2), C.P.C. would not be attracted. The Punjab Co-operative Bank Ltd. v. The Republic of Pakistan and 128 others PLD 1964 SC 616; Mst. Hafizan Mohsan Atta and 4 others v. Custodian of Enemy Properties and 3 others PLD 1983 Lah. 342 and Abdul Rauf and others v. Mst. Hafizan Mohsan Atta and others 1986 SCMR 1893 ref. JUDGMENT SAYED ZAHID HUSSAIN, C J.---This is application under section 12(2) read with Order XLI, rule 21 of the Code of Civil Procedure, 1908 qua judgment of this Court dated 9-7-2002 whereby W. P. No.117-R/ 1998 was accepted. 2. The dispute relates to Property No.IV-9-R-54, Railway Road, Kasur, which was transferred on 5-12-1959 by the Deputy Settlement Commissioner to Ghulam Mustafa the predecessor-in-interest of the writ petitioners (hereinafter to be referred to as petitioners). In the judgment dated 9-7-2002, the relevant facts borne out from the record were noted. Muhammad Siddique and Muhammad Sardar (respondents Nos. 4 and 5 in the writ petition) since were not represented on the date of hearing in the petition, the same was heard ex parte. This application under section 12(2) with Order XLI, Rule 21 of the Code of Civil Procedure, 1908 for rehearing of the matter has been filed by the legal heirs of the said respondents (hereinafter to be referred tows the respondents). It may be observed that against the judgment dated 9-7-2002, I.C.A. No.620/2002 was filed by the Custodian, Enemy Property of Pakistan, etc. which appeal was dismissed by a learned Division Bench of this Court on 15-1-2003 observing that the appellants had no locus standi to maintain the said appeal. The matter ended with that so far as the official parties were concerned as it was not assailed further. The present application was…

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