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Application under section 12 (2) , C.P.C --- ' Person ' competent to file such an application -

 Application under section 12 (2) , C.P.C --- ' Person ' competent to file such an application --- Scope --- Person can challenge the validity of a judgment , decree , or order on plea of fraud and misrepresentation or want of jurisdiction under Subsection (2) of Section 12 C.P.C. by making an application with full particulars of the fraud and misrepresentation to the Court which passed the final judgment , decree , or order and not by a separate suit --- Term " person " provided in this section cannot be interpreted narrowly to restrict its scope and application only to the judgment - debtor or his successors but it includes any person adversely affected by the judgment and decree or order of the Court without any distinction on whether he was party to the original proceedings or not .

Civil Petition No. 2341 - L of 2016
Hafiz Malik KAMRAN AKBAR and others versus MUHAMMAD SHAFI ( deceased ) through L.Rs. and others
PLD 2024 Supreme Court 262





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