Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.XIIR.2

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)--- ----O.XII R.2---Constitution of Pakistan (1973), Art.199---Constitutional petition--Application for comparison of thumb impressions was dismissed by trial Court---Plea raised was that in a pending suit by putting forged thumb impressions of the petitioner, the suit was got decreed by consent---Petitioner moved an application under O.XII R.2, C.P.C. on the said ground and during the pendency of the said application he moved another application for comparison of thumb impressions by the expert, which was dismissed by the trial Court---Validity---Evidence was yet to be recorded by the parties and if needed the trial Court could itself pass an order for the comparison of the thumb impression/signatures---Petitioner failed to point out any jurisdictional defect, legal infirmity, material irregularity with the concurrent conclusion drawn by the courts below---Petition was dismissed in circumstances. THIS ORDER PASSED BY: ALI AKBAR QURESHI, J.--- Through this constitutional petition, the petitioner has challenged the order, dated 31-1-2007 and 21-7-2006 whereby the application of the petitioner for comparison of thumb impressions was dismissed. 2. The facts as stated by the petitioner are that a suit filed by respondents Nos. 1 to 3 was decreed with the consent of the petitioner/defendant on 6-6-1998. The petitioner who was defendant No.4 in the suit, being aggrieved of the aforesaid consent decree filed an appeal under section 12(2), C.P.C. on the ground that the petitioner has not appointed any counsel nor recorded any statement so the decree obtained by the respondent is result of fraud and misrepresentation. During the pendency of the application under section 12(2), C.P.C., the petitioner filed an application on 7-6-2001 for comparison of the thumb impression/signatures of the petitioner by the expert. The learned trial Court after receiving the reply of the said application, dismissed the same on 21-7-2006. The petitioner assailed the said order in revision but the same was too dismissed by, the learned revisional Court, hence this petition. 3. Learned counsel for the petitioner contended that both the learned Courts below…

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