Law:

Section:

Civil Procedure Code (V of 1908)-------S. 12(2)---Specific Relief Act (I of 1877), Ss. 8, 42 & 54---Suit for possession, declaration and permanent injunction---Challenging and decree on plea of fraud and misrepresentation---Judgment and decree passed in favour of petitioners were challenged by respondents on ground of fraud, misrepresentation and collusion, in their application filed under S.12(2), C.P.C.---Said application was dismissed by Trial Court, but Appellate Court set aside order of Trial Court and remanded the matter to Trial Court to decide afresh after framing issues and providing opportunity to parties to adduce evidence---Validity---Respondents were not impleaded as a party in earlier round of litigation, whereby suit was decreed in favour of petitioners---Nothing was on record to indicate that application under S.12(2), C.P.C. was filed collusively with no other purpose, but to add to the agonies of petitioners---Mere fact that some of relatives of respondents were party to previous litigation, by itself, constituted no bar in the way of respondents for filing application under S.12(2), C.P.C.---No procedure had been prescribed for the determination of an application under S.12(2), C.P.C. nor was any separate remedy indicated against such determination---Where application under S.12(2), C.P.C. was presented, evidence in support and rebuttal of the contents of application had to be led, unless, application was not bona fide---Appellate Court below, was quite justified to remit matter back to Trial Court for fresh decision after formulating issues and providing a fair chance to parties to lead evidence as allegations of fraud could only be established by elaborate inquiry---No substance having been found in revision, same was dismissed. Mst. Nasira Khatoon and another Mst. Aisha Bai and 12 others 2003 SCMR 1050 and Messrs Dadabhoy Cement Industries Ltd. and 6 others v. National. Development Finance Corporation, Karachi 2002 SCMR 1761 ref. Iftikhar Elahi and Jan Muhammad Khan for Petitioners. Qazi Zakiuddin for Respondents. Date of hearing: 24th June, 2005. JUDGMENT Shortly narrated the facts giving rise to the filing of instant civil revision…

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