Law: Civil Procedure Code (V of 1908)

Section: S.12(2),O.VII,r.11

Law: Civil Procedure Code (V of 1908)

Section: S.12(2),O.VII,r.11

Civil Procedure Code (V of 1908)-------S. 12(2) & O.IX, R.13---Limitation Act (IX of 1908), Art.164---Application under S.12(2), C.P.C. to set aside ex parte decree---Ex parte decree was not challenged by first defendant before Trial Court, but was challenged unsuccessfully by second defendant---Dismissal of appeal filed against ex parte decree by second defendant---Application under S.12(2), C.P.C., by first defendant made to Appellate Court for setting aside ex parte decree after four years of its passing---Validity---Application for setting aside ex parte decree was barred by time---Ex parte decree was passed by Trial Court and not by Appellate Court---Appellate Court had nothing to do with fraud or collusion committed before Trial Court---Such issue must have been raised before Trial Court---Application under S.12(2), C.P.C., was dismissed in circumstances. Mubarak Ali v. Fazal Muhammad PLD 1995 SC 564; Mst. Riaz Fatima v. Ch. Ijaz Ahmed 1979 YLR 2681; Muhammad Yousaf v. Noor Din 1999 YLR 2720; Province of Punjab. v. Muhammad Irshad 1999 SCMR 1555; Government of Sindh v. 'Ch. Fazal Muhammad PLD 1991 SC 197 and Secretary Ministry of Religious Affairs and Minorities v. Syed Abdul Majid 1993 SCMR 1171 rel. Sh. Muhammad Rafiq Goreja for Petitioner. Rao Muhammad Iqbal for Respondents. Date of hearing: 6th April, 2009. JUDGMENT CH. NAEEM MASOOD, J.--- This petition has been filed with the following prayer:--- "To accept the petition and set aside the judgment and decrees of both the Courts below." In the pro forma the original suit is mentioned to have been instituted on 8-5-1978 and decided on 28-9-1987. Whereas, the first appeal has been mentioned to have been filed on 30-4-1990 and decided on 23-12-1990. 2. The brief facts of the case are that a civil suit for declaration was filed by Jan Muhammad, Mst. Fatto and Abdul Ghani plaintiffs against Muhammad Shafi, Ramzan, Ghulam and Saleh. File contains the written statement filed only by Muhammad Shafi. 3. The parties led their respective evidence and vide order dated 28-9-1987, ex parte proceedings were taken against the defendants and the suit was decreed in favour of the plaintiff. 4. Muhammad Shafi…

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