The application under section 12 (2), section 12 (2), CPC, contradicts the party in deciding the earlier partial decision against it in the legal proceeding, the Maintenance Party, by reason of its default The action is contested or unselected. Notwithstanding proper service to the summons / notice, the contest proceedings may challenge the earlier decision against the case by taking the matter to a higher forum provided under the law, but it cannot revoke the provisions of section 12 (2). That is, the CPC decision to reach the final limit presented after a party's hearing, if he fails to take advantage of the remedies available to him before the higher forum under the law, once the fight or the default party fails Or withdraws from the benefits already provided by the higher forum provided under the law, the prior decision will be final and S will not be open more. The challenged party may not resort to the provisions of section 12 (2), CPC, as a substitute or alternative to the remedies available under the law, in which it fails to take advantage or if taken advantage of. , But later waived on the treatment of section 12 (2), the CPC will be available to anyone who was either not a party to the proceedings or if there was a party, but has a proper summons or The notice was not given. And a prior partial decision was made against it as if it were properly summoned or taken notice, when an individual has the right to seek the provisions of Article 12 (2), CPC, from the Appellate Forum. Regular treatment is obtained first, then it will be stopped from being challenged. This type
Related judgments — Karachi High Court Sindh, 2010
