Legal obligation to prima facie furnish/ establish through trustworthy documents the infringement of its title / right due to pronouncement

 Proceedings under section 12 (2) CPC are independent in nature and party initiating such proceeding is under legal obligation to prima facie furnish/ establish through trustworthy documents the infringement of its title / right due to pronouncement of a judicial decision as well as to plead comprehensively with meticulous information of fraud, misrepresentation played in obtaining decision by the adverse party as per requirements of Order VI Rule 4 CPC but no such informations are expounded with reasonable detail in the application whereas even otherwise application is not supported by any significant documents indicating any infringement of his right. This Court in absence of any credible material documents / evidence is well within the jurisdiction to summarily reject such application even without issuing of any notice to adverse parties or by framing any issue whereof. It is settled law that it is not necessary for the Courts to decide such application (under Section 12 (2) CPC) after framing the issues and recording of evidence.

It is quite appropriate that against an adverse order / judgement / decree the aggrieved person / party has as many as four remedies which are as under

1. Remedy of Appeal.

2. Review under Section 114 or Order 47 CPC.

3. Application under Order IX Rule 13 CPC.

4. Application under Section 12 (2) CPC.

But once after due deliberation a remedy out of the above available remedies has been selected and availed by a party thereafter the remaining remedies shall automatically stand abated / extinguished under the principle of election and such party is debarred to resort to the other remedies.

C.M.No.3-C of 2021 (u/s 12(2) CPC)
Shakeel Ahmad Versus Mst. Asia Abid etc. In Civil Revision No.1064 of 2010