It is well settled, that all procedural laws are meant for advancing the cause of justice and they cannot be made a vehicle of oppression to suppress the remedies.

 It is well settled, that all procedural laws are meant for advancing the cause of justice and they cannot be made a vehicle of oppression to suppress the remedies. It is also well-accepted principle of law that Courts always lean in favour of adjudication on merit rather than stifling proceedings on technicalities. A cursory reading of the plaint in the instant case, instituted by the plaintiffs-respondents specially alleged in their plaint shows that the decree impugned therein was obtained by fraud and the same could not deprive of the Court to its jurisdiction to decide it as an application under Section 12(2) of the CPC if otherwise such jurisdiction was available to the court under the law, therefore, the learned appellate court was justified in converting into/treating the suit to be an application under Section 12(2) of the CPC and no prejudice was caused to the petitionersdefendants.

It is not mandatory in every case to frame issue and record evidence for disposal of an application under Section 12(2) of the CPC. Sub-section (3) of Section 12 of the CPC governs the procedure to be adopted by the Court while disposing of an application under Section 12(2) of the CPC and without first allowing an opportunity to the civil court in that regard, the direction issued by the appellate court is unwarranted by law, thus, liable to be interference with.

The period of limitation to file an application under Section 12(2) of the CPC is governed by Article 181 of the Limitation Act, 1908.

Civil Revision
1600864.192-14
MUHAMMAD SHARIF ETC VS MUHAMMAD RAMZAN ETC
Mr. Justice Raheel Kamran
13-02-2023
2023 LHC 479