The suit for declaration of suit for exchange of declaration in the application under section 12 (2) of the Specific Relief Act (I of 1877), section 42 section 12 (2), CPC Scope Plaintiff owns the suit property through the declaration. Had claimed. An unregistered gift by her husband, the plaintiff, also challenged the consent decree for being ineffective against her rights, while in her absence the suit filed by the plaintiff was dismissed by the trial court. The appellate court accepted the plaintiff's claim and changed its case. In the petition under section 12 (2), the CPC Appellate Court held that the application was allowed and a decree passed in favor of it. The jurisdiction court was empowered to change a corrupt proceeding periodically, and under section 12 (2) the case could be turned into an application. The purpose of the CPC was that the dispute between the parties was to be decided and decided in the context of the merits; instead of knocking them down on technical skills, the rules of the rules were only for achieving justice. And cannot be used solely to deny the delivery of justice, however, such a process was always required to be changed within the scope of the law in the application under section 12 (2). , Only if the circumstances of this case attract the aforesaid provisions of section 12 (2), CPC, as it has been stated that the application of the provisions of law is very limited under section 12 (2). Yes, the CPC can only be considered if the question involved, the fraud or misrepresentation, or the desire for jurisdiction is the result of acceptance of such application.
Related judgments — Peshawar High Court NWFP, 2011
