Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss. 12(2) & 115---Constitution of Pakistan (1973), Art.185(3)--­Application for setting aside the decree without allegation of fraud or misrepresentation---Maintainability---Appeal before Lower Appellate Court was disposed of against the -Petitioner on the basis of special oath on the Holy Quran----Petitioner filed application under S.12(2), C.P.C. alleging connivance of his counsel with the -Respondents---Such application was dismissed by Lower Appellate Court and revision before High Court was also dismissed---Validity---Where the application lacked allegation of fraud or misrepresentation such application was not liable to be entertained and Lower Appellate Court had rightly dismissed the same---High Court had no occasion to interfere in the order of Lower Appellate Court in exercise of jurisdiction under S.115, C.P.C., because the order before High Court was not suffering from any jurisdictional error, illegality or irregularity---Merely on the basis of an afterthought statement made by -Petitioner, order dismissing of appeal passed on the. basis of statement of -Respondent given by him on the Holy Qur'an could not be interfered with---No legal point of public importance having been raised Supreme Court declined to interfere in exercise of its jurisdiction under Art.185(3) of the Constitution---Leave to appeal was refused. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J. ---The -Petitioner has instituted instant petition for leave to appeal against the judgment dated 24th April, 2000 passed by Lahore High Court Multan Bench whereby Civil Revision No.111 of 2000 filed on his has been dismissed. 2. Briefly noting facts of the case are that Civil Suit No.499 of 1994 filed by -Petitioner against -Respondents was dismissed whereas the suit of -Respondent No. l filed against the -Petitioner and others was decreed. As such. -Petitioner preferred appeal in the Court of District Judge, Khanewal. During pendency of appeal the -Petitioner and his counsel offered that if -Respondent No:6 Salabat will depose on the Holy Qur' an that the -Petitioner has no right or interest in the suit property and the same was validly gifted to Mst.…

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