Section 12 (2) of the Constitution of Pakistan (1973), Article 185 (3) was granted leave of appeal to consider the dispute that the application under section 12 (2), excluded the CPC on a limitation basis. Should not have been done where this decree was obtained through fraud, there would not be a question about the extent of the set aside, as it was not examined in its entirety in its proper context. This resulted in a serious abortion of justice.
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