MESSRS ILYAS MARINE AND ASSOCIATES versus AMIN LASANIA AND ANOTHER
Section 12 (2) Deletion of suit on merit upon filing an application under section 12 (2) CPC, instead of appeal against the order of dismissal, suit filed by the plaintiff / applicant was dismissed on merit. And the court in its decision discussed the whole evidence issue in detail. The decision was not appealed by the plaintiff / applicant, but instead an application under Section 12 (2) CPC was filed after two years: the trial court's decision. The application stated that the application travels outside the scope of section 12. 2) The application of 1 CPC under section 12 (2) can only be decided in the CPC if the decision / decree has been obtained by either party through fraud or misrepresentation. Yes.
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