Enforceable through the civil suit in respect of the evacuee property and that the suit was barred by section 113 of the Limitation Act, 1908 being not relevant for setting aside the judgment and decree under section 12(2), C.P.C.

Reliance in this behalf is placed on Mst. Nasira Khatoon and another Versus Mst. Aisha Bai and 12 others (2003 SCMR 1050), wherein it has been observed as under: 

“The contention of learned counsel that the exchange agreement, dated 12.2.1948 would not be enforceable through the civil suit in respect of the evacuee property and that the suit was barred by section 113 of the Limitation Act, 1908 being not relevant for setting aside the judgment and decree under section 12(2), C.P.C. the same would need no comments. The scope of this special provision can neither be extended beyond the grounds of fraud, misrepresentation and defect of jurisdiction enumerated therein nor the learned Division Bench of the High Court, seized of the matter, could sit over the judgment passed in Letters Patent Appeal.” (emphasis supplied)

 Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE. JUDICIAL DEPARTMENT

Writ Petition-Miscellanous-Civil Suit
30622-14

2017 LHC 2371