livelawpk.com - Applications u/s 12(2) must be filed in the Court ---

Applications u/s 12(2) must be filed in the Court that issued the final decision --- Lahore High Court declared that application 12(2) was not maintainable before ADJ now, as the final judgment was delivered by the Lahore High Court earlier

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Islamabad 05-12-2024: In a significant judgment rendered on 06-11-2024 the Lahore High Court dismissed a Civil Revision Petition [C.R. No. 574 of 2024] filed by Ghulam Fareed. The Petitioner had challenged the dismissal of his application under Section 12(2) of the Civil Procedure Code (C.P.C.) by the Additional District Judge (ADJ) on grounds of fraud and misrepresentation in obtaining a decree.

The Court, presided over by Mr. Justice Muzamil Akhtar Shabir, not only upheld the lower Court’s dismissal but also clarified several key legal principles regarding the maintainability of applications under Section 12(2) C.P.C. and the finality of judgments.

The case revolved around a dispute over land possession. Muhammad Bilal (Respondent No. 1) had filed a suit against Ghulam Fareed, claiming ownership based on a registered sale deed. The Petitioner contested, arguing ownership through mutation and alleged that the sale deed was fraudulent. After a series of appeals and revisions, the petitioner’s claim was repeatedly dismissed by various Courts, including the Lahore High Court in 2015. The Supreme Court refused to entertain the petitioner’s appeal in 2020.

Despite these setbacks, the petitioner filed a fresh application under Section 12(2) C.P.C. before the ADJ, which was dismissed as time-barred and non-maintainable. This prompted the present Revision Petition before the Lahore High Court.

Mr. Justice Muzamil Akhtar Shabir observed that the application under Section 12(2) C.P.C. was not maintainable before the ADJ since the final decision in the matter was delivered by the Lahore High Court in 2015.

Such applications must be filed before the Court that passed the final judgment. Registered sale deeds hold legal presumption of truth over mutations. The principle of finality prevents repetitive litigation when higher Courts uphold lower Court decisions. Filing repetitive applications under Section 12(2) C.P.C. constitutes an abuse of process.

The Court dismissed the revision petition, declaring it devoid of merit. Mr. Justice Muzamil Akhtar Shabir concluded that the petitioner’s claims were not maintainable and time-barred. He also emphasized that reopening settled matters could lead to abuse of the judicial process.