It is well settled law that the Application under Section 12(2), C.P.C., if alleges fraud and misrepresentation with particulars, needs framing of issues and recording of evidence.

It is true that for determination of such fraud and misrepresentation not only the framing of issues was essential but recording of evidence was also obligatory in order to provide the opportunity to the parties to prove the factual dispute elaborately inserted in the application under Section 12(2), C.P.C. as envisaged under Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, which stipulates that while deciding the matter fair trial and due process shall be granted to the litigant.

Civil Revision No.3788 of 2016

Ghulam Ullah deceased through L.Rs. Vs. Ghulam Hassan and others.