The decision of an application under Section 12(2) of “CPC” in a cursory manner without framing of issues is nowhere prohibited under the law.

11. The petitioners remained mum for a considerable period and now after the death of their father, who died in the year 2009 moved the application under Section 12(2) of “CPC” which is clearly based on ulterior motives. The learned Additional District Judge was justified to dismiss such frivolous application in limine. The decision of an application under Section 12(2) of “CPC” in a cursory manner without framing of issues is nowhere prohibited under the law. It is always dependent upon the judicial conscious of the court, either to frame issues or to proceed with such an application without framing of any issue and decide the same summarily. No hard and fast rule can be made for the said purpose. Apparently there is no infirmity in the procedure adopted by the court below to decide the fate of application under Section 12(2) of “CPC”. Reference can be made to “Messrs DADABHOY CEMENT INDUSTRIES LTD. and 6 others versus NATIONAL DEVELOPMENT FINANCE CORPORATION, KARACHI” (2002 SCMR 1761) and “NAZIR AHMED versus MUHAMMAD SHARIF and others” (2001 SCMR 46)

 Part of Judgment 

 IN THE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI JUDICIAL DEPARTMENT

Civil Revision-Civil Revision (Against Decree) u/s. 115, C.P.C.
310-17

2017 LHC 1913