Adnan & Co Advocates

07/02/2026

07/02/2026

2025 YLR 2412
Hostile witness, evidence of---Scope---Once a witness is declared hostile, then the witness remains the witness of none---Reliance cannot be placed on the statement of such a witness

09/01/2026

STAGES OF CIVIL SUIT

Normally a civil suit has to travel through 17 main stages from institution of the suit till its judgment, they are as under :-

1)
Institution of Suit
Order 4, 6 and 7

2
Issue of Summons
Order 5

3
Filing of Written Statement
Order 8
30

4
Examination of Parties
Order 10
10

5
Settlement of Despute
Section 89

6
Discovery & Inspection
Order 11

7
Admission
Order 12

8
Production of Documents
Order 13

9
Framing of Issues
Order 14

10
List of Witness
Order 16

11
Summons to Witnesses
Order 16 R 1 (4)

12
Settling Date
Order 16

13
Evidence of Parties
Order 18 R 4
r/w Order 17
----

14
Exhibiting of Documents
Order 18 R 4 (1)
Proviso
07

15
Cross-exam by parties
Order 18 R 4 (2)
----

16
Arguments
Order 18 R 2 (3A)
----

17
Judgment
Order 20

Out of these 17 main stages the amended code does not speak about any time limit for Examination of Parties - Order 10, Settlement of Disputes - Section 89, Production of Documents - Order 13, Exhibiting of Documents - Order 18 R 4 (1) proviso and Arguments - Order 18 R 2 (3A), but in the rest of the provisions the amended code has given time limits in the provisions itself and we cannot ignore them so easily and without any rare and exceptional circumstances.

Now once a party has filed the suit then he has to comply all the provisions one by one within the stipulated time. If the table shown as above is effectively implemented then no prejudice is likely to be caused to either of the parties and it will be a milestone in disposing off the civil suit in a stipulated time and that too within the framework of law, respecting the intention of the legislature. Now it is for us to decide whether to follow the provisions or the practice while interpreting and implementing the provisions of amended code.
In the amended code most of the provisions contains time limits for a particular stage. Maximum of the provisions are mandatory in nature and in very few of them the discretion lies with the court.
1. Plaintiff has to file the plaint complying the provisions in all respect as contemplated under Order 4 r/w Order 6 and 7 of the code.
2. Plaintiff has to issue summons within 30 days from the institution of suit.
3. After the service of summons defendant has to file his written statement within 30 days from the receipt of summons as per Order 8 R 1 of the code
4. No further time exceeding 90 days after date of service of summons be extended for filing written statement as per proviso to Order 8 R 1 of the code.
5. Within 10 days from the filing of written statement court has to examine the parties so as to explore the possibilities of compromise in between the parties and to refer the matter of settlement under section 89 of the code.
6. If parties fail to compromise the matter then court has to keep the matter for discovery and inspection within the time span of 7 – 10 – 10 – 3 days, as per Order 11 of the code.
7. Then to adjourn the matter for admission within the time span of 15 days as per Order 12 of the code.
8. Then parties have to file the original documents prior to framing of issues within the time span of 7 days, as per Order 13 of the code.
9. Court has to frame the issues within 15 days as per Order 14 of the code.
10. Parties have to file the list of witnesses within 15 days from the date of framing of issues as per Order 16 of the code.
11. Plaintiff has to issue summons to the witnesses either for adducing evidence or for production of documents within 5 days of filing of list as per Order 16 R 1 (4) of the code.
12. Parties have to settle the date of evidence as per Order 16 of the code.
13. Plaintiff has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.
14. Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.
15. Cross examination of the plaintiff and his witnesses on day to day until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.
16. Defendant has to issue summons to the witnesses either for adducing evidence or for production of documents as per Order 16 R 1 (4) of the code.
17. Defendant has to file the affidavits of all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the code.
18. Court has to exhibit the documents considering their proof and admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.
19. Cross examination of the defendant and his witnesses on day to day until all the witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2 (a) of the code.
20. Parties have to conclude their arguments within 15 days from the completion of their respective evidence as per Order 18 R 2 (3A) of the code.
21. Court has to delivered judgment forthwith or on or before 30 days and not exceeding 60 days from the date of conclusion of the arguments as per Order 20 R 1 of the code

05/01/2026

Observations made in the bail order are tentative in nature and should not influence the trial Court in any manner.
2025 YLR 2236
2025 YLR 2218
2025 YLR 1951
2025 PCrLJ 1543
2025 MLD 1945
2025 MLD 1374
2025 MLD 610
2025 MLD 132
2024 MLD 1484
Justice for all

28/10/2025

Section 12 (2) CPC( Guideline)
Where a person challenges the validity of a judgment, decree or order on plea of fraud, misrepresentation or want of jurisdiction, he shall seek his remedy by making an application to the Court which passed the final judgment, decree or order and not by a separate Suit.
Entire case was not examined in its correct perspective which resulted in grave miscarriage of justice : 1994 SCMR 782
S.12 (2) CPC Entire case was not examined in its correct perspective which resulted in grave miscarriage of justice. [p. 786] A.
Judgment had been obtained on basis of a forged document
Leave to appeal was granted to examine the scope of S.12 (2) CPC, with a view to ascertain whether it included the grounds that a judgment had been obtained on basis of a forged document. 1993 SCMR [p. 712] A.
Fraud
Fraud vitiates the most solemn proceedings and no party should be allowed to take advantage of his fraud.1993 SCMR [p. 714] C.
Fraud vitiates the most solemn proceedings. 1994 SCMR [p. 790] F.
S.12(2)---Where a decree was allegedly obtained on the forged certified copy of entry made in a Register of Death kept under the Births, Death and Marriage Registration Act 1886, the same would amount to fraud and application under S12(2) CPC, would be competent on basis thereof.
1993 SCMR [p. 715] D.
In the circumstances and for going reasons this appeal is allowed, the impugned judgments are set aside. The Application U/S. 12(2) CPC shall stand remanded to the District Judgment for entrustment to the appropriate Court for decision in accordance with law.
1993 SCMR [p. 715] D.
Serious allegation of fraud, collusion and misrepresentation: 2006 SCMR 1530. Section 12(2) of Civil Procedure Code (CPC)
Section 12 of CPC

In simple words, Section 12(2) CPC, speaks of the principle that if a Decree, Order or Judgment is obtained by Fraud, misrepresentation, or where Question of jurisdiction has risen, such Order Decree or Judgment shall be challenged through an application in the same court and no other separate Suit shall lie.
“12. 1[(1)] Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.
1[(2) Where a person challenges the validity of a judgment, decree or order on the plea of fraud, misrepresentation or want of jurisdiction, he shall seek his remedy by making an application to the Court which passed the final judgment, decree or order and not by a separate suit.]”
Terms Fraud, Misrepresentation and Want of Jurisdiction are being elaborated as follows:
Fraud is not defined in Civil Procedure code. But in most simple sense means “Deception intended to result in financial or personal Wrongful gain”. Fraud is defined in Contract Act, 1872. That is much elaborative and enough for understanding the term. Definition is as follows:-
“Fraud” means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:- (1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact; (3) a promise made without any intention of performing it;
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.
Explanation – Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.
Illustrations
(a) A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse’s unsoundness. This is not fraud in A. (b) B is A’s daughter and has just come of age. Here, the relation between the parties would make it A’s duty to tell B if the horse is unsound. (c) B says to A-“If you do not deny it, I shall assume that the horse is sound.” A says nothing. Here, A’s silence is equivalent to speech.
(d) A and B, being traders, enter upon a contract. A has private information of a change in prices which would affect B’s willingness to proceed with the contract. A is not bound to inform B.
Definition of Misrepresentation with examples and explanation.
In ordinary sense Misrepresentation is active concealment of Facts by the person who acquainted with any fact and also includes misleading with intent to deceive, anyhow Misrepresentation as defined by contract act 1872 is as follows. “Misrepresentation” defined
Misrepresentation” means and includes–
(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of any one claiming under him;
(3) causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement.
Meaning of the Term “want of Jurisdiction”.

Question of “want of jurisdiction” means that Territorial or Pecuniary Jurisdiction of a court is in question and it is purported that Court had or has no such Jurisdiction.
Remedy against such order, Decree or Judgment.

If it is alleged that an order, Degree or Judgment has been obtained by Fraud or misrepresentation or where question is arose on Jurisdiction of the Court, remedy is to approach the same court who has issued such Final Order, decree or Judgment.
Appropriate Forum and Procedure for Remedy.

As fresh suit is barred by plain words or Sec.12 (2), hence An application is to be submitted in the same court who has passed such Final Order, Decree or Judgment.
on such application, wherein serious allegations are leveled for fraud or misrepresentation evidence needs to be recorded. (2008 SCMR 236) Supreme court of Pakistan.
For attraction of Sec.12(2) following are the pre-requisites.
Plea for challenging the Order, decree or judgment shall be that the such order, decree or Judgment was obtained through
Fraud.
Misrepresentation.
Question has risen as to the jurisdiction of the court.
PURPOSE AND OBJECTIVE Of SEC. 12(2)
M.farooq Khilji Advocate
Section 12(2). Actually explains the summary procedure for getting remedy against an order, decree or judgment which has been procured by fraud, or misrepresentation.
Bar institution of separate Suits and hence saving courts from exhaustion and being overburdened
Limitation For filing Application.

No limitation is given by Law. Hence limitation is (3yrs ) for the Application would be covered Under Sec. 181 of Limitation.
(2003 SCMR 1050)
HELD: And such limitation shall start from the date on knowledge of such Fraud or misrepresentation.
(2006 SCMR 12)
HELD: 12(c)…. wherein decree was passed in the year 1971 and was challenged in the year 1986. Under Sec. 12(2). Supreme court held that in the absence of any evidence stance of the person challenging would be admitted.
12(2) has Prospective effect
It has no retrospective effect.
For the purpose , it is immaterial whether the suit is instituted prior or after addition of this sub sction 12(2) cpc
Remedies

By way of remedies the court can either …
Set aside the decree
Grant any other appropriate remedy
Modify decree order or judgment obtained by fraud misrepresentation or lack of jurisdiction
Rectify order , etc.
Others remedies available to aggrieved party

Appeal u/s 96 cpc
Review u/s114 + o.47 cpc
Revision petition in high court u/s 115
Invocation of inherent powers of high court u/s 151
Constitutional remedy u/Art. 199 of constitution of Pakistan,1973
The cases in which 12(2) is not applicable

Application made to the rent controller
If fraud is committed prior to proceeding
Revision : in appropriate cases revision will be competent u/s 115
Review: it is still available to aggrieved party

23/10/2025

‎تنقیحات (ISSUES) order 14 Rule1 CPC
2025 CLC 323
PLJ 2024 Lahore 253
As per the Order XIV Rule 1(4) of the Code of Civil Procedure, 1908, issues are of two kinds: (1) Issues of fact, (2) Issues of Law. Issues, however, may be mixed issues of fact and law. Rule 2(1) of Order XIV provides that where issues: both of law and fact arise in the same suit, notwithstanding that a case may be disposed of on a preliminary issue, the court should pronounce judgment on all issues, but if the court is of the opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first, if that issue relates to: The jurisdiction of the court; or A bar to the suit created by any law for the time being in force. For that purpose, the court may, if it thinks fit, postpone the settlement of the other issues until the issues of law have been decided.

The main object of framing of issues is to ascertain the real dispute between the parties by narrowing down the area of conflict and determine where the parties differ. An obligation is cast on the court to read the plaint and the written statement and then determine with the assistance of the learned counsel for the parties, material propositions of fact or of law on which the parties are at variance. The issue shall be formed on which the decision of the case shall depend.

The object of an “issue” is to tie down the evidence and arguments and decision to a particular question so that there may be no doubt on what the dispute is. The judgment then proceeding issue-wise would be able to tell precisely how the dispute was decided. It is duty of Court to frame issues from material propositions.

To frame issues, court is to find out questions of fact, questions of law and mixed questions of fact and law from pleading of parties and other materials, which are produced with pleading and parties are to produce their evidence to prove or disprove framed issues.

Following are the relevant provisions in this regard:-
i. Order 14 Rule 1 to 6 of CPC 1908
ii. Order 18 Rule 2 of CPC 1908
iii. Order 20 Rule 5 of CPC 1908
iv. Order 41 Rule 31 of CPC 1908
v. Order 15 Rule 1 of CPC 1908

Matters to be considered before framing of issues are:-

i. Reading of the plaint and written statement, the court shall read the plaint and written statement before framing an issue to see what the parties allege in it.

ii. Ascertainment whether allegations in Pleadings are admitted or denied, Order 10 Rule 1 permits the court to examine the parties for the purpose of clarifying the pleadings, and the court can record admissions and denials of parties in respect of an allegation of fact as are made in the plaint and written statement.

iii. Admission by any Party. If any party admitted any fact or document, than no issues are to be framed with regard to those matters and the court will pronounce judgment respecting matters which are admitted.

iv. Examination of material proposition. The court may ascertain, upon what material proposition of law or fact the parties are at variance.

v. Examination of witnesses. The court may examine the witnesses for purpose of framing of issues.

vi. Consider the evidence. The court may also in the framing of issues take into consideration the evidence led in the suit. Where a material point is not raised in the pleadings, comes to the notice of the court during course of evidence the court can frame an issue regarding it and try it.

vii. Examination of any witnesses or documents under Order 14 Rule 4. Under this rule any person may be examined and any document summoned, for purposes of correctly framing issues by court, not produced before the court.

The court may frame the issues from all or any of the following materials.

i. Allegations made on oath. Issues can be framed on the allegations made on oath by the parties or by any persons present on their behalf or made by the pleader of such parties.

ii. Allegations made in Pleadings. Issue can be framed on the basis of allegations made in the pleadings.

iii. Allegations made in interrogatories. Where the plaint or written statement does not sufficiently explain the nature of the party‟s case, interrogatories may be administered to the party, and allegations made in answer to interrogatories, delivered in the suit, may be the basis of framing of issues.

iv. Contents of documents. The court may frame the issue on the contents of documents produced by either party.

vi. Oral examination of Parties. Issues can be framed on the oral examination of the parties.

vi. Oral objection. Issues may be framed on the basis of oral objection.

Furthermore, at any time before passing of decree, court can amend framed issues on those terms, which it thinks fit. However, such amendment of framed issues should be necessary for determination of matters in controversy between parties. Moreover, at any time before passing of decree, court can strike out framed issues especially when it appears to court that such issues have been wrongly framed or introduced. Regarding amendment of framed issues, court possesses discretionary power. Court can exercise this power when no injustice results from amendment of framed issue on that point, which is not present in pleading(s). However, it cannot be exercised when it alters nature of suit, permits making of new case or alters stand of parties through rising of inconsistent pleas. Regarding amendment of framed issues, court also has mandatory power. In fact, court is bound to amend framed issues especially when such amendment is necessary for determination of matters in controversy, when framed issues of do not bring out point in controversy or when framed issues do not cover entire controversy. When the lower court omitted to frame an issue before trying a matter in controversy, the appellate court can frame the issue and refer it for trial to the lower court. There is no need to remand the entire case. Then the lower court should try such issues and return the evidence and its decision to the appellate court.

23/10/2025

11/10/2025

*""Principle of Inheritance under Shia
2025 CLC 992
موضوع: شریعتِ اسلامی اور فقہ جعفریہ کے تحت وراثت کی تقسیم

1. قرآنی بنیادیں
قرآن مجید میں وراثت کے اصول صاف اور واضح طور پر بیان ہوئے ہیں:

سورۃ النساء، آیت 11:

"اللہ تمہیں تمہاری اولاد کے بارے میں حکم دیتا ہے کہ لڑکے کا حصہ دو لڑکیوں کے برابر ہے..."

سورۃ النساء، آیت 12:

"اور تمہارے لیے آدھا ہے جو تمہاری بیویاں چھوڑ جائیں اگر ان کی اولاد نہ ہو..."

سورۃ النساء، آیت 176:

"اللہ تم سے کلالہ کے بارے میں فتویٰ دیتا ہے، اگر کسی کا بیٹا نہ ہو اور بہن ہو تو اس کے لیے نصف ہے..."

ان آیات سے واضح ہوتا ہے کہ اولاد اور والدین کو سب سے مقدم رکھا گیا ہے۔

2. سنتِ رسول ﷺ
حضرت رسول اکرم ﷺ نے فرمایا:

"اللہ نے ہر وارث کا حصہ مقرر کر دیا ہے، اس لیے وارث کے لیے وصیت نہیں کی جا سکتی۔" (ابو داؤد، ترمذی)

اس حدیث سے اصول اخذ ہوتا ہے کہ قریبی وارث موجود ہو تو دور والے کو حصہ نہیں ملے گا۔

3.(Mohammadan Law)
محمدن لا کے تحت وراثت کا اصول یہ ہے کہ:

سب سے پہلے قریبی رشتہ دار وارث بنتے ہیں۔

اگر قریبی موجود ہوں تو دور والے محروم ہو جاتے ہیں۔

صرف وہی وارث حصہ پاتے ہیں جنہیں قرآن و سنت یا فقہ نے متعین کیا ہو۔

یہی اصول
2025 CLC 992
میں لاگو کیا گیا کہ مرحومہ کی بیٹی (کلاس I وارث) کی موجودگی میں کزن (کلاس III وارث) محروم ہوگئے۔

4. فقہ جعفریہ (Shia Jurisprudence)
فقہ جعفریہ کے مطابق وراثت تین طبقات (Classes) میں تقسیم ہے:

کلاس I: والدین اور اولاد

کلاس II: دادا، دادی، نانا، نانی، بھائی، بہن

کلاس III: چچا، ماموں، خالہ، پھوپھی وغیرہ

قاعدہ

"الأقرب یمنع الأبعد"
(قریب تر رشتہ دار دور والے کو وراثت سے روک دیتا ہے)

لہٰذا بیٹی کی موجودگی میں کزن (دور کے وارث) کو کوئی حصہ نہیں ملتا۔

5. عدالتی رویہ (Case Law)
2025 CLC 992 (پشاور ہائی کورٹ)
عدالت نے اصول واضح کیا کہ مرحومہ کی بیٹی (کلاس I) کی موجودگی میں کزن (کلاس III)
وارث نہیں۔

اس سے پہلے بھی عدلیہ نے یہ اصول اپنایا ہے کہ قریبی وارث کو ترجیح ملتی ہے اور دور والے محروم ہو جاتے ہیں (PLD، SCMR اور دیگر مقدمات میں اس کی تصدیق ملتی ہے)۔

نتیجاً مختصراً
وراثت کے معاملے میں قرآن، سنت، محمدن لا اور فقہ جعفریہ سب اس بات پر متفق ہیں کہ:

اولاد اور والدین (کلاس I) کو سب سے پہلے وراثت ملتی ہے۔

ان کی موجودگی میں دیگر طبقات (کلاس II اور III) کے افراد محروم ہو جاتے ہیں۔

عدالت کا فیصلہ (2025 CLC 992) اسی اصول کے عین مطابق ہے۔
*

03/09/2025

What is Appeal:
An appeal means removal of a cause from inferior to a superior court for the purpose of a testing soundness of decision of an inferior court.

Appeal is a continuation of suit:
Appeal is a continuation of suit and whole case of parties stands reopened before the appellate forum.

Relevant Provisions:
Section 96 to 99 of CPC for first appeal
Section 100 to 103 of CPC for second appeal
Order 41 and 42 of CPC

FIRST APPEAL

An appeal shall lie from every decree, passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.

Who may Appeal:
As appeal is a continuation of the suit only such persons who were parties to the suit and who are adversely affected by the decree may appeal.

Persons otherwise competent to file Appeal:
(i) Legal representatives of the parties.
(ii) Transfree of the interest of party.
(iii) Any person claiming to be party.
(iv) A benamidar on behalf of real owner.
(v) A guardian on behalf of minor.
(vi) The government.

Forum of Appeal:

First appeal lies to the District Court if the value of subject matter of the suit is below than twenty five lacs and in all other cases first appeal shall lie to High Court.

Appeal from final decree where no appeal from preliminary decree U/S 97:

Where any party aggrieved by a preliminary decree does not appeal against the such decree then he shall be precluded from disputing its correctness in appeal preferred by the final decree.

Decision where appeal heard by two or more Judges U/S98:
Where the bench hearing the appeal is composed of two judges and they differ on any point of law then appeal shall be heard on that point by one or more judges of same the court and in this eventuality appeal shall be decided according to the opinion of the majority of the judges including those who first heard it.

Effect of irregularity U/S 99:
No appeal shall be allowed merely on the account of any error, defect, mis-joinder of parties or irregularity in the proceedings of suit, not affecting the merits of case.

SECOND APPEAL
Second appeal shall lie to the high court from every decree passed in appeal by any subordinate court.

Grounds for Second Appeal U/S 100:
Second appeal shall lie on the following grounds.
(a) The decision being contrary to law or to some usage having the force of law.
(b) The decision having failed to determine some material issue of law or usage having the force of law.
(c) A substantial error or defect in the procedure which may possibly have produced error or defect in decision of case upon the merits.

No Second Appeal in certain suits U/S 102:
No second appeal shall lie in the following suits.
(a) Any suit cognizable by the courts of small causes when the value of subject matter does not exceed the amount of 25 thousands.
(b) Any other suit when the value of subject matter does not exceed the amount of two hundred and fifty thousand rupees.

Forum of Appeal:
Second appeal shall lie only to the high court in all cases.

Power of High Court to determine the Issues of Fact U/S 103:
In any second appeal the high court may determine an issue of fact, if the evidence on record is sufficient to determine any issue of fact necessary for the disposal of the appeal which has not been determined by the lower appellate court or which has been wrongly determined by such court by reason of any illegality, omission, error or defect.

Limitation for Appeal
Where appeal lies to district court, the limitation for appeal is 30 days U/A 152 of Limitation Act from the date of decree or order appealed from.

Where appeal lies to High Court, the limitation for appeal is 60 days U/A 155 of Limitation Act from the date of decree or order.

Where high court passed the decree or order in the exercise of its original jurisdiction, the limitation for appeal is 20 day U/A 151 of Limitation Act from the date of decree or order.
Thanks Mr Khalji Adv