ORDER  SHEET

IN THE HIGH COURT OF SINDH, KARACHI

R. A. NO. 22/ 2007

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Date                      Order with signature of Judge

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1)       For orders on CMA No. 1648/2016

2)       For orders on CMA No. 1649/2016

21.09.2016.

Mr. Muhammad Ashraf, advocate for the applicant.

Ms. NaheedAkhtar, State Counsel.

Through CMA No. 3542/2009 under section 12(2) CPC,  applicant has impugned the order passed by this Court on 01.08.2009 in this Revision Application, however, this application was dismissed for non-prosecution on 08.10.2015. Consequently the applicant has filed  applications for restoration and condonation of delay.

However, learned counsel when  confronted on the point of maintainability of an application under section 12(2) CPCin a Civil Revision, has failed to show that how a fraud or mis-representation can be alleged in passing of an order in Civil Revision by this Court.

A bare reading of Section 12(2) CPC suggests that parties invoking the provisions of 12(2) CPC have to show to the Court that parties have obtained order by fraud and misrepresentation or the court lack’s jurisdiction. In Civil Revisions, the Court derives its jurisdiction under section 115 of Civil Procedure Code from the order passed by the appellate Court and the learned counsel has not able even to show that in this particular case there was no jurisdiction to entertain the Civil Revision by this Court.  On the point of fraud and misrepresentation again he has not been able to show that how an order passed by this Court in Revision was obtained fraudulently and by misrepresentation. In dismissing the Revision by order dated 01.08.2009 neither the Court suffered from lack of jurisdiction nor there was element of fraud or misrepresentation, both the listed applications as well as application under section 12(2) CPC are dismissed.

JUDGE

Zahidbaig