1997 SCMR 1382

Mian MUHAMMAD AFZAAL HUSSAIN vs ABDUL LATIF

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Citation1997 SCMR 1382

CourtSupreme Court of Pakistan

Case No.Civil Petition No .1188-L of 1995C. R. No.1786/94

Date1996-04-09

Judge(s)Fazal Ilahi Khan, Zia Mahrnood Mirza and Raja Afrasiab Khan

Authored byZia Mahmood Mirza

ResultLeave granted

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal directed against the impugned orders concerning an application under Section 12(2) of the Code of Civil Procedure 1908. The core legal question is whether, in view of the allegations of fraud, collusion, and misrepresentation raised in the application, the trial court was required to decide the matter after framing necessary issues and providing an opportunity for the parties to lead evidence. The Supreme Court of Pakistan granted leave to appeal to examine this question, directing the petitioner to deposit a balance amount of Rs.16,15,000 in the trial court within one month as a condition, failing which the leave granted would stand withdrawn. The holding establishes that allegations of fraud and misrepresentation under Section 12(2) of the Code of Civil Procedure 1908 necessitate a proper inquiry involving the framing of issues and the recording of evidence.

Questions settled in this judgment

Whether an application under Section 12(2) of the Code of Civil Procedure 1908 involving allegations of fraud and collusion must be decided after framing issues and recording evidence?
What is the consequence of failing to deposit the balance amount directed by the Supreme Court while granting leave to appeal?

Laws & provisions referred

Section 12(2), Code of Civil Procedure 1908

fraud and misrepresentationapplication under section 12(2) CPCframing of issuesrecording of evidenceleave to appeal

ORDER

ZIA MAHMOOD MIRZA, J.---We have heard the learned counsel for the parties at considerable length and have also perused the impugned orders as also the application moved by the petitioner under section 12(2), C.P.C. And grant leave to appeal to consider whether in view of the allegations of fraud and collusion/misrepresentation made in the application under section 12(2), C.P.C., it was not necessary for the trial Court to have decided the application after framing necessary issues and allowing opportunity to the petitioner to lead evidence in support of his allegations.

2. Petitioner is directed to deposit the balance amount of Rs.16,15,000 in the trial Court within one month failing which, the leave granted to him by this order shall stand withdrawn.

Cited by 1 case

Mst. HAPEEZEN vs Rana ZAHEERUDDIN and another 1999 YLR 2214