2024 SCMR 1390
Appeal ---
If an Order of the lower Court merges in the order of the higher Court , the order of the lower Court is to be deemed as an order of the higher Court .
2024 SCMR 1390
Application under section 12 ( 2 ) , C.P.C. , filing of --- Limitation --- In the present case applications under section 12 ( 2 ) , C.P.C. were filed in the year 1990 , i.e. after almost 11 years of the compromise between the parties before the Court --- Though it was averred that these applications were filed after the entries of jamabandi made in 1987 and hence were in time , but it was equally true that in those applications the main question agitated on behalf of the respondents was with regard to the entering into the compromise in a defective manner and thereafter , obtaining the decree by way of fraud or misrepresentation by the present appellants --- Under the provisions of the Limitation Act , 1908 no specific time has been prescribed for filing of application under section 12 ( 2 ) , C.P.C. , therefore , Article 181 of Limitation Act , 1908 being residuary will govern such proceedings according to which maximum period of three years has been prescribed for filing the application under section 12 ( 2 ) . C.P.C. - Therefore , even in a hypothetical sense , if one were to count the period of limitation from the year 1987 , the applications under section 12 ( 2 ) , C.P.C. were time - barred --- In the instant matter , the respondents were fully aware about the date and facts of the compromise entered between the parties in 1979 but filed the applications under section 12 ( 2 ) , C.P.C. only in the year 1990 --- Appeals were allowed and the applications under section 12 (2) , C.P.C. against the appellants were found to be bereft of any merits .
C.A.1429/2014 Muhammad Aslam vs Molvi Muhammad Ishaq
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