Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code (V of 1908)-------S. 12(2)---Decree granted by Appellate Court in suit dismissed by Trial Court---Revision filed against such decree dismissed by High Court, whereagainst Supreme Court refused to grant leave to appeal---Application under S.12(2), C. P. C. for setting aside such decree filed in Appellate Court---Maintainability---Decree/ would become final, if not sought to be reversed, modified or maintained in appeal, revision or review---Decree passed by Appellate Court would have become final, had no revision been filed thereagainst before High Court---Judgment passed by High Court in revision was final , thus, such application was bound to be filed before High Court being final Court of fact---Such application was dismissed for having been filed before wrong forum. Mubarik Ali's case PLD 1995 SC 564 and Abid Kamal's case 2000 SCMR 900 rel. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Allah Dad and others have been granted leave to appeal from the judgment dated 20-5-2002 of learned Lahore High Court, Multan Bench, whereby their revision petition against the judgment dated 25-8-2001 of Additional District Judge, Lodhran was dismissed. Resultantly, application filed by the appellants under section 12(2), C.P.C. stood dismissed on the ground that Additional District Judge had no jurisdiction to entertain such application. 2. Briefly, Allah Dad etcetera as owners of the property, on 19-12-1974, entered into an agreement to sell with one Abdul Ghani. As the contract was not performed, Abdul Ghani brought a suit for specific performance of contract, which was dismissed by the trial Court on 10-4-1984. On appeal, the Additional District Judge, vide judgment dated 7-5-1990, set aside the judgment of the trial Court and granted a decree in favour of Abdul Ghani. It was upheld by the learned High Court on 29-5-1997, against which leave to appeal was refused by the Supreme Court on 20-10-1997. 3. The owners initiated, apparently, a mala fide fresh round of…

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