Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1908)--- ----S.12(2)---Allegation of fraud and misrepresentation, determination of--­Investigation into question of fact---Framing of issues ---Scope--­Determination of such allegations ordinarily involve investigation into a question of fact and in such cases an inquiry is ordinarily to be held to decide the matter---Court is not under obligation in every case to frame issues, record evidence of the parties and follow the procedure prescribed for decision in a suit---Matter is left to the satisfaction of the Court which has to regulate its proceedings and keeping in view the nature of the allegations in the application the Court may in its discretion adopt any mode for its disposal. (b) Civil Procedure Code (V of 1908)--- ----S.12(2)---Constitution of Pakistan (1973), Art. 185(3)---Allegation of fraud and misrepresentation---Non-framing of issues---Petitioner with ulterior motives approached the Lower Appellate Court with application under S.12(2), C.P.C. to delay the matter so that the respondent might not be able to get the fruit of the decree---Lower Appellate Court dismissed the application without framing of issues and recording of evidence---Revision before High Court was also dismissed---Validity---Non-framing of issues and non-recording of evidence for the decision on the application under S.12(2), C.P.C. was not a condition precedent in the matter---Formulation of issues and recording of evidence was not necessary---Lower Appellate Court as well as the High Court had properly considered the material placed before them and they had rightly dismissed the application of the petitioner with sound and convincing reasons---No infirmity and/or illegality in the of High Court warranting any interference by Supreme Court--­Leave to appeal was refused. Ghulam Muhammad v. M. Ahmad Khan and others 1993 SCMR 662; Amiran Bibi and others v. Muhammad Ramzan and others 1999 SCMR 1334 and Mrs. Amina Bibi through General Attorney v. Nasrullah and others 2000 SCMR 296 ref. ORDER DEEDAR HUSSAIN SHAH, J.---Facts giving rise to this petition for leave to appeal are that the petitioner and his real brother Muhammad Rafiq, deceased respondent…

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