27/10/2020
Section 12 (2) CPC
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
S.12(2)---Decree passed without recording evidence of parties---Application for setting aside such decree on grounds of fraud, collusion and misrepresentation---Dismissal of application summarily by Trial Court was upheld in revision and by High Court in constitution petition---Validity---Disposal of application in suc