2023 M L D 201
Civil Procedure Code ( V of 1908 ) ---
--- S . 12 ( 2 ) --- Specific Relief Act ( 1 of 1877 ) , Ss . 39 , 42 & 54 --- Decree , setting aside of --- Principle --- Educated woman --- No allegation of fraud , misrepresentation and jurisdiction --- Effect --- Petitioner and respondents were brothers and sisters inter se and dispute pertained to family settlement of different properties subject matter of different civil suits --- Petitioner received Rs.25 million and entered into total settlement resultantly suits were decreed accordingly --- Validity --- Decree could not be challenged on merits by filing application under S. 12 ( 2 ) , C.P.C. , which was limited in scope and could be invoked for setting aside a decree on the ground of fraud , ' misrepresentation or want of jurisdiction --- Court while dealing with application under S. 12 ( 2 ) , C.P.C. could not sit as court of appeal but had to see whether order , judgment or degree was obtained by fraud or representation , or was passed by a Court having no jurisdiction over the matter --- Petitioner was not a downtrodden illiterate woman who could not appreciate import and meaning of agreement that she was signing --- Petitioner was an educated woman who , 2 years and 9 months after the judgment and degree , had filed application under S. 12 ( 2 ) , C.P.C. in an effort to undo consequences of settlement agreement --- One of the consequences of agreement in question was disposal of suits --- Petitioner had received Rs.25 million from her brothers by virtue of that agreement --- Increase in value of property in share from her mother after execution of settlement agreement could not become a valid cause under S. 12 ( 2 ) , C.P.C. for holding that judgment and decree was obtained by fraud --- High Court declined to interfere in judgment and decree passed by Trial Court ---
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