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Judgments on s.12(2), Code of Civil Procedure 1908 (2025)
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.
1 judgment
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