QAMDEEN BROTHERS (PVT.) LTD. versus MRS. SHIRLEY AMIRUDDIN VALIKA
The application under section 12 (2) and AXXIII, R 3 section 12 (2), the scope of section 12 (2) for setting aside the CPC approval orders, is filed by the CPC applicant on behalf of the appellant. Did not challenge any misrepresentation or fraud that could be justified in filing. Requests for section 12 (2) of the Civil Procedure Code, 1908 cannot be equated with the review or revision provisions, and parties may not be allowed to delay the final decision of the dispute by filing such unreasonable petitions. The dispute, which has already been finalized at the stage of the petition, cannot be reopened on the false pretext of fraud and misrepresentation by either party, especially with the consent of the parties. If the consent order had been approved, the parties could not contest it. Without any valid and valid reason to approach it, any kind of consent at this stage of the proceedings would be deemed to frustrate the execution of an order which would otherwise have been finalized. The ty in Law request was rejected
Related judgments — Karachi High Court Sindh, 2014