| Case ID |
10c4eeb9-5461-4872-b125-adc212716c75 |
| Body |
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| Case Number |
Civil Revision No. 1237-P of 2019 |
| Decision Date |
Jul 10, 2020 |
| Hearing Date |
Jul 10, 2020 |
| Decision |
The Peshawar High Court dismissed the revision petition filed by the petitioners against the decision of the Additional District Judge. The court found that the application filed under Section 12(2) of the Civil Procedure Code was maintainable, addressing the claims of fraud and misrepresentation raised by the respondents. The ruling emphasized that the order of the trial court was well-reasoned. The court noted that the concurrent findings of the lower courts could not be disturbed unless proven to be perverse or illegal. The decision underscored the principle that interlocutory orders do not fall within the purview of cases decided under Section 115 of the Civil Procedure Code, which limits the scope of revision petitions. |
| Summary |
In the case of Civil Revision No. 1237-P of 2019, the Peshawar High Court addressed an appeal concerning the maintainability of an application filed under Section 12(2) of the Civil Procedure Code. The petitioners, represented by Ijaz Ahmed, contended that the application was time-barred and lacked a cause of action. However, the court found merit in the respondents' claims and upheld the lower courts' decisions, emphasizing the necessity for both parties to present their arguments. The ruling clarified the parameters of revisional jurisdiction and the definition of a 'case decided', highlighting the importance of maintaining due process and the integrity of judicial proceedings. This case reinforces key legal principles regarding civil procedure and the rights of litigants, making it a significant reference for future cases involving similar issues. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAEEM ANWAR
|
| Lawyers |
Ijaz Ahmed
|
| Petitioners |
15 OTHERS,
ZAHIR ULLAH
|
| Respondents |
6 OTHERS,
SAMIN JAN KHAN
|
| Citations |
2021 SLD 1587,
2021 YLR 1575
|
| Other Citations |
1992 SCMR 718,
Nesle Milk-pack Limited v. Classic Needs Pakistan (Pvt.) and 3 others 2006 SCMR 21
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
12(2)
|