Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 12(2)---Limitation Act (IX of 1908), Art.181---Application for setting aside decree on ground of fraud---Limitation---Applicant not party to suit---Provision of Art.181, Limitation Act, 1908 would govern such application---Limitation for filing such application would start from date of knowledge of applicant about decree and not from date of decree---Principles illustrated. Malik Yar Muhammad and 3 others v. Muhammad Farooq Ahmad Khan and 3 others 2000 MLD 322; Abdul Aziz and 6 others v. Member, Board of Revenue and 15 others 1998 SCMR 1078 and Inter Home (Pvt.) v. Pakistan Steel Mills Corporation PLD 1992 Kar. 99 ref. Fida Hussain v. Ghulam Sarwar 2002 SCMR 1554 and Allah Bakhsh and another v. Irshad Begum and others 1986 SCMR 1496 fol. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2) & O.VII, R.11---Limitation Act (IX of 1908), Art.181---Constitution of Pakistan (1973), Art.199---Constitutional petition---Application for setting aside decree on ground of fraud and misrepresentation---Disputed property earlier allotted of "T" was subsequently allotted to applicant, which allotment remained intact upto Supreme Court--Suit by "S" in respect of disputed property alleging its sale by "T" without impleading applicant as party---Passing of consent decree on 2-4-1996 on basis of confessional statement of "T"---Applicant getting knowledge on 4-11-1998 about decree during proceedings in another suit---Filing of application under S.12(2), C.P.C. on 22-10-2001--Rejection of application under O.VII, R.11, C.P.C. as being time-barred by Trial Court and Revisional Court---Validity---Date of knowledge asserted by applicant had not been denied by "T" and "S"---Article 181 of Limitation Act, 1908 would govern such application---Period of limitation for filing such application by a person not party to suit would run from date of his knowledge and not from date of decree---Limitation being a mixed question of law and fact could not be decided without providing parties an opportunity to prove their respective stances by leading evidence---High Court accepted Constitutional petition and declared impugned orders as illegal with…

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