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Judgments on s.12(2), Code of Civil Procedure 1908
Pakistani court judgments that consider s.12(2), Code of Civil Procedure 1908, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
2 judgments
A section 12(2) application cannot simply reopen a contested family decree
Muhammad Afzal v. Maria Tariq and others
Issue: Can a party who fully contested a family suit reopen the decree under section 12(2) CPC, and is a claim that former…
Held: No on both points. The petitioner had contested the suit in full and his section 12(2) CPC application identified no fraud, misrepresentation or concealment of the kind the provision requires; a bare assertion that former counsel did not disclose the…
r.22, Family Courts Rules 1965s.12(2), Code of Civil Procedure 1908s.14, Family Courts Act 1964s.5, Limitation Act 1908
A husband who ignored a Khula and maintenance suit cannot use section 12(2) or a writ to undo the ex parte decree
Muhammad Sohail v. Mst. Ambreen Jamal and others
Issue: Can a husband who was served by bailiff, courier, pasting and publication, was debarred from filing a written statement and did not…
Held: No. The service reports disproved his claim of non-service; under section 12(2) he had to plead and prove fraud, misrepresentation or lack of jurisdiction, and he produced no credible material. Both courts below concurrently rejected his application, revision under section…
Art. 199, Constitution of Pakistan 1973s.115, Code of Civil Procedure 1908s.12(2), Code of Civil Procedure 1908