Law: Civil Procedure Code (V of 1908)

Section: 12

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)----S. 12(2)---Constitution of Pakistan (1973), Art. 185(3)---Application for setting aside of decree on the basis of fraud---Limitation---Both the parties were residents of same village---Petitioners filed application under S.12(2) C.P.C. on the ground that the plaintiff was a fictitious person---Application was dismissed by High Court being barred by limitation---Plea raised by the petitioners was that the application was filed from the date of knowledge of fraud---Validity---Supreme Court did not accept the plea of the petitioners that for such a long time they did not know that the plaintiff was non-existent---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.--- By this consolidated judgment we propose to decide the above titled two civil petitions involving common questions of law and facts. 2. These petitioners have arisen from two pre-emption suits one filed by Hafiz Muhammad minor through his guardian Muhammad Bux and the other filed by Pir Bux deceased, predecessor-in-interest, of the present respondents. An ex parte decree was passed in favour of Pir Bux after remand of the case by the High Court in Civil Revision No.565 of 1969. The petitioner made an application for setting aside the ex parte decree which was dismissed for non-prosecution. An application was moved for restoration of the said application which too was dismissed on 26-4-1977. Appeal filed by the petitioners against the said order was dismissed by the learned District Judge, Dera Ghazi Khan, on 6-7-1978 against which Civil Revision No.194 of 1978 filed by the petitioners before the High Court was also dismissed on 15-3-1997. During the pendency of this civil revision, an application bearing No.2/C of 1989 under section 12(2), C.P.C. was filed alleging that Hafiz Muhammad was a non-existent person and the case was being prosecuted by one Shahzad Ahmed in his name. The said application was dismissed by the High Court through judgment, dated 17-6-1989 against which Civil Petition for Leave to Appeal No.1045 of 1989 was filed which was disposed of with the observation that the matter raised…

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