Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Challenging validity of order on plea of fraud and misrepresentation---Order made by same Court can be challenged and re-called under S.12(2), C.P.C. in the same Court provided question of fraud etc., is alleged-Separate suit is clearly barred to be filed before any other court of civil jurisdiction. ORDER MEHTA KAILASH NATH KOHLI, J.---This petition is directed against order dated 11th March, 2006 passed by Senior Civil Judge I, Quetta, whereby application filed under section 12(2), C.P.C. has been directed to be dismissed on the ground of having failed to produce the list of witnesses and evidence in this regard. Facts of the case, in brief, are that a suit for declaration, partition, possession and injunction etc. was filed by petitioners-plaintiffs in the court of Seniar Civil Judge-I, Quetta. It has been stated that the then alleged attorney, who filed application seeking antedating the matter and thereafter sought permission to withdraw the suit. The relevant order sheet of the trial Court is reproduced hereinbelow: - Record further shows that application under section 12(2), C.P.C. was filed by the present petitioners in the court of Senior Civil Judge-I, Quetta on the ground of collusion and fraud. Notice of the application was given to other side, who filed their reply. Learned trial Court without framing any issue directed for filing of list of witnesses and leading of evidence vide order dated 15th February, 2006 and the matter was adjourned to 11th March, 2006, and on account of non-filing of list of witnesses and production of evidence, application was 'dismissed. Against aforementioned order, present petition has been filed. Notice of this petition was given to the other side. It has been contended by Mr. Iftikhar-ul-Haq, learned counsel for petitioners that no issue was framed by the trial Court; in this regard, no reasonable and proper opportunity was provided to lead evidence. It was further contended by the learned counsel for petitioners that on 15th February, 2006, the case was adjourned for 11th March, 2006 and direction was made 'for filing of list -of witnesses and 'recording of evidence.…

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