ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P. No. S – 1037 of 2011

Date of hearing

Order with signature of Judge

For regular hearing of main case

03.09.2018

Mr. Iftikhar Ali Arain advocate for petitioners.

Mr. Noor Hassan Malik Assistant Advocate General Sindh.

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This petition impugns an order passed on an application under section 12(2) CPC. Brief facts are that an ex parte judgment and decree was obtained by the respondents excluding the petitioner / applicant. It is claimed by the petitioner / applicant that this property was enjoyed by two real brothers and after their sad demise the property should have been devolved amongst legal heirs of two brothers i.e. Mst. Pathani and Mst. Husna. It is claimed that Mst. Pathani filed a suit against a stranger and obtained an ex parte decree collusively. On acquiring knowledge, the petitioner filed application under Section 12(2) CPC that the decree was void ab initio and that no limitation would run against the void judgment and decree. No title documents claimed to have been filed at the time of obtaining decree that concerns title of property. This Court vide order dated 18.09.2012 admitted this petition for regular hearing. In terms of para 16 of the order that an appropriate case should have been remanded after converting it into a revision application to a District and Sessions Judge after condoning the delay.

I have gone through the facts of the case. Despite service by way of publication no one has appeared on behalf of the respondents. The petitioner / applicant has been ousted summarily in terms of an order passed on 12(2) CPC and that he was remedy-less. Though no appeal would lie against an order dismissing the application under Section 12(2) CPC, a revision would always be competent. I, therefore, convert this Constitution Petition into a civil revision application and send the record to District & Sessions Judge concerned to hear this Revision Application in the light of the facts disclosed in the order dated 18.09.2012 and record of Suit No.09/2006 expeditiously. As an indulgence, notices may be issued once the transferee Court receives the record and proceedings of this Constitution Petition as being converted into a Revision Application. The Revision Application be decided in accordance with law preferably within two months with compliance report to this Court.

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J U D G E

N.M.