M.G. GAZDAR (deceased) through his 4 Legal Heirs vs MANZOOR HUSSAIN — 1985 CLC 2438

Citation: 1985 CLC 2438

Court: Sindh High Court

Year: 1955

Decision Date: 1955-05-04

Parties: M.G. GAZDAR (deceased) through his 4 Legal Heirs vs MANZOOR HUSSAIN

Headnotes

Case cited as 1985 CLC 2438

Judgment Text

Court Name: Sindh High Court Judge(s): Abdul Qadeer Chaudhry Title: M.G. GAZDAR (deceased) through his 4 Legal Heirs vs MANZOOR HUSSAIN Case No.: Appeal No. 1087 of 1984 Date of Judgment:1955-05-04 Reported As: 1985 CLC 2438 Result: Appeal accepted Judgment ORDER ' The appellant moved an application under section 12(2), C.P.C. to set aside the orders, dated 7-2- 1983 and the orders, dated 1-11-1983 on the grounds of fraud and collusion. The application was dismissed by the Senior Civil Judge on the grounds, of limitation and that the application is not maintainable. It was observed by the Senior Civil Judge and Rent Controller that application under section 12(2), C.P.C. should have been filed within 90 days from the date of order as provided in Article 173 of the Limitation Act. Reliance has been placed on the case of Sikandar v. Saleh Muhammad reported in 1983 CLC 1590. The facts of the case are distinguishable. It is the allegation of the appellant that he did not know of the proceedings which were taken behind his back, therefore, unless the evidence is recorded the point of limitation will not be resolved. In the cited case the respondent was a party to the proceedings but in the instant case the appellant was not a party to the orders which are sought to be set aside. The learned Civil Judge should frame the issue about the question of limitation and then decide this matter because fraud has been alleged by the appellant. The finding of the Controller that the Civil…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.