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FALAK KHURSHID versus FAKHAR KHURSHID

Respect for the dismissal of sections 12 (2), 96 and 115, or respect for the appeal, with respect to the renewed jurisdiction of the High Court, appellant was challenged in the previous particulars decision and the judgment was passed in this case. Where it was not party to the plaintiff's appellant. By filing an application under Section 12 (2) CPC on the application of fraud and misrepresentation by the trial court, the application was granted and the trial court in the exercise of the jurisdiction of the amendment allowed the dismissal and restated the judgment. And the decree was first approved. The trial court raised by the appellant was that as the order passed by the trial court was a hearing, therefore, the review was not permissible, while dismissing the application under section 12 (2). , The CPC granted it and dismissed the case, an appeal has been made under section 116 CPC, not civil revision but under section 66, CPC, against which the record continues. After it was found that the verdict and decree had been obtained through fraud and misrepresentation, it should have allowed the application only and the judgment already approved. And the order should be reversed. , After filing a written statement by the appellant and disposing of the suit pursuant to the provisions of the Civil Procedure Code, the 1908 decision and the High Court-approved order were set aside and the case sent to the trial court. , The appeal was granted famous lower court advocate from Panjan Kisan lawyer