Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 12 (2) & O.VI, R.4---Limitation Act (IX of 1908), S.18 & Art.181---Constitution of Pakistan (1973), Art.185(3)---Decree, setting aside of---Fraud---Proof---Extension in limitation---Consent decree was passed on 30-3-1971 and application under S.12(2), C.P.C was filed on 20-1-1986, for setting aside the decree on the ground of fraud---Petitioner sought extension in limitation under S.18 of Limitation Act, 1908---Trial Court as well as Lower Appellate Court concurrently dismissed the application and such order was maintained by High Court---Plea raised by petitioner was that limitation for filing of application would start from the date of discovery of fraud---Validity---Undisputedly limitation for application under S.12 (2) C.P.C was governed by Art.181 of Limitation Act, 1908, which was three years and petitioner was seeking extension of limitation under S.18 of Limitation Act, 1908, on the ground of fraud---Particulars of fraud were required to be given under O.VI, R.4 C.P.C. to overcome bar of limitation but were not given in the application---Supreme Court did not find any infirmity or illegality in the order passed by High Court---Leave to appeal was refused. Allah Bakhsh and others v. Mst. Irshad Begum and others 1986 SCMR 1496 ref. Bal Gangadhar Tilk and others v. Shrinivas Pandi and others AIR 1915 PC 7; Ghulam Shabbir v. Mst. Nur Begum and others PLD 1977 SC 75 and Izzat Bakhsh v. Nazir Ahmad and 13 others 1976 SCMR 508 rel. (b) Limitation--- ----Determination of limitation---Principle of waiver---Applicability---No waiver of question of limitation---Even if parties do not point it out, it is the duty of Court to apply the law of limitation, where it is found to be applicable. Ahsan Ali v. District Judge and others PLD 1969 SC 167 rel. Syed Asif Shah, Advocate Supreme Court and Syed Safdar Hussain, Advocate-on-Record for Petitioner. Nemo for Respondents. ORDER CH. IJAZ AHMAD, J.---In the suit filed by the respondents Nos.1 and 2 a consent decree was passed on 30-3-1971. The petitioner filed an application on 20-1-1986 under section 12(2) of the Code of Civil Procedure for recalling of the said decree…

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