2019 PLD SC 504,
درخواست 12 (2) ضابطہ دیوانی کے تحت دائر کرنے کی کتنی مدت ھے؟
P L D 2019 Supreme Court 504
Present: Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Yahya Afridi, JJ
Civil Procedure Code (V of 1908)---
----S. 12(2)---Limitation Act (IX of 1908), S. 18 & First Sched. Art.181---Application under S.12(2), C.P.C, filing of---Limitation---Fraud---In terms of Art.181 of First Sched. to the Limitation Act, 1908, the period of limitation to file an application under S. 12(2), C.P.C. would be three years, and the crucial starting point for the period of limitation would be when the right to apply accrued to the aggrieved applicant, which in case of an application under S.12(2), C.P.C. would be the date when the impugned decision based on fraud and concealment was passed---In case the aggrieved person had, by means of fraud, been kept from the knowledge of decision of the Court, he may then seek the extension of the commencing point of the period of limitation of three years from the date of the decision under Art.181, to the date of knowledge of the said decision under S.18 of the Limitation Act, 1908---Ground of fraud or concealment had to be specifically pleaded with clear particulars and should not be a vague assertion.
2006 SCMR 1931; 2005 SCMR 1505; 2002 SCMR 1554; 1991 SCMR 1022; 1990 SCMR 1377; PLD 1977 SC 75; PLD 1976 SC 508; 2006 SCMR 1931; 2005 SCMR 431 PLD 2003 SC 315 ref.
2021 Y L R 1128
[Gilgit-Baltistan Chief Court]
Before Ali Baig, J
2023 C L C 1349
[Lahore (Multan Bench)]
Before Muhammad Raza Qureshi, J
(c) Limitation Act (IX of 1908)---
----S.3---Civil Procedure Code (V of 1908), S.12(2) & O.IX, Rr. 2 & 4---Fraud, misrepresentation and want of jurisdiction---Second application filed under S.12(2), of the Civil Procedure Code, 1908---Limitation---Scope---Petitioner/lady moved application under S.12(2), C.P.C., which was dismissed on account of non-deposit of process fee; then after 11 months of said dismissal, she filed application for restoration which was dismissed on the ground of limitation--- moved second application under S.12(2), C.P.C.---Civil Court dismissed second application of the petitioner which order was maintained by the Appellate Court---Held, that an application under S.12(2), C.P.C., was to be filed within a period of three years---Period of three years , in present case, commenced from the date of knowledge when the petitioner filed her first application under S.12(2), C.P.C.---Second application under S.12(2), C.P.C, was filed by the petitioner after more than four years of said date of knowledge --- Conditions precedent for re-filing the same was subject to limitation, available to the petitioner under O. IX, R. 4, C.P.C.---If the second suit/application was not filed within period of limitation, then such proceedings would be hit by provisions of S. 3 of Limitation Act, 1908---Second application of the petitioner was time barred---Civil revision was dismissed in limine, in circumstance.
P L D 2022 Peshawar 138
Before Muhammad Naeem Anwar, J
(a) Civil Procedure Code (V of 1908)---
----S. 12(2)---Limitation Act (IX of 1908), S. 5 & Art. 181---Bar to further suit---Limitation---Condonation of delay---Scope---Petitioner assailed the concurrent dismissal of his application under S. 12(2), C.P.C.---Validity---Claim of petitioner of being owner of 50 Marla in the property measuring 68 Marla would not be decided by the Rent Controller rather, the Rent Controller could not enter into the sphere of title---Simple matter, before the Rent Controller, was that the tenant had defaulted in payment of rent, against whom, a decree for ejectment was passed and executed---Application under S. 12(2), C.P.C. was filed after more than 8 years from the date of decree and after more than 7 years from the date of knowledge, therefore, the same was time barred--- No illegality or jurisdictional defect in the impugned orders was pointed out---Constitutional petition was dismissed.
(c) Administration of justice---
----What cannot be done directly cannot be done indirectly.
2020 SCMR 2129 ref.
Muhammad Hanif Abbasi v. Imran Khan Niazi and others PLD 2018 SC 189 and others 1993 SCMR 662; 2000 SCMR 296 ref.
Farman Ullah v. Latif-Ur-Rehman 2015 SCMR 1708 and Nazir Ahmad v. Muhammad Sharif and others 2001 SCMR 46 rel.
(f) Civil Procedure Code (V of 1908)---
----S. 12(2)---Limitation Act (IX of 1908), Art. 181---Bar to further suit---Limitation---Scope---Limitation in filing of application under S.12(2), C.P.C., is not specified in any Article of Limitation Act, 1908, therefore, any application filed on the ground of misrepresentation of facts, fraud and want of jurisdiction shall be treated under Art. 181 of Limitation Act, 1908.
(g) Administration of justice---
---Issue decided against a party, if not challenged, shall attain finality.
1996 SCMR 1862 , PLD 1983 SC 53 ref.
U.S.12.2 .CPC
u/s 12.2 of CPC
U.S.12.2 of CPC
u/s.12.2 CPC
