| Case ID |
d54e7580-943e-43f7-b0b2-1bb4f31bd7f5 |
| Body |
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| Case Number |
C.P. No. S-108 of 2018 |
| Decision Date |
Jun 29, 2018 |
| Hearing Date |
May 21, 2018 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioners challenging the dismissal of their application under section 12(2) of the Civil Procedure Code. The court found that the petitioners had not executed any power of attorney in favor of the respondent and that the remedy under section 12(2) was not available to them as they had already filed an appeal. The court held that the application under section 12(2) could not serve as an alternative remedy after failing in appeal, emphasizing the principle of finality in litigation. The court reinforced that a party must pursue their rights through the appropriate legal channels and that the mechanism of section 12(2) is limited to claims of fraud, misrepresentation, or jurisdictional issues. The petitioners failed to substantiate their claims of fraud and misrepresentation, leading to the dismissal of their petition. |
| Summary |
The case revolves around the applicability of section 12(2) of the Civil Procedure Code (CPC), which allows a party to challenge a decree based on fraud, misrepresentation, or lack of jurisdiction. The petitioners, led by Miss Rozina Parveen, contested the dismissal of their application to set aside a decree that favored Ghulam Nabi, arguing that they had not authorized their brother to act on their behalf. The Sindh High Court, presided over by Justice Amjad Ali Sahito, evaluated the procedural validity of the petitioners' claims, highlighting the legal principle that once a party has opted for an appeal, they cannot subsequently seek relief through section 12(2). The court emphasized the necessity for finality in legal proceedings, indicating that the petitioners' failure to file a suit against their attorney undermined their position. The decision underscores the importance of adhering to established legal processes and the limitations of remedies available under the CPC. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AMJAD ALI SAHITO
|
| Lawyers |
Muhammad Noman Jaffar,
Osaf Ali Shah
|
| Petitioners |
2 OTHERS,
MISS ROZINA PARVEEN
|
| Respondents |
AND OTHERS,
GHULAM NABI THROUGH L.RS.
|
| Citations |
2019 SLD 1546,
2019 CLC 1012
|
| Other Citations |
Noor Muhammad v. Muhammad Iqbal and 5 others 2014 CLC 1459,
Tanveer Siddiqui and another v. Muhammad Rashid 2010 YLR 1851,
Warriach Zarai Corporations v. F.M.C. United (Pvt.) Ltd. 2006 SCMR 531
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
12(2),
115,
151
|