1985 PLP 1935 (SCMR)
MUHAMMAD IQBAL and another — Petitioners Versus MUHAMMAD ALAMGIR and others — Respondents
| Citation | 1985 PLP 1935 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Muhammad Afzal Zullah and Nasim Hassan Shah, JJ |
| Parties | MUHAMMAD IQBAL and another — Petitioners Versus MUHAMMAD ALAMGIR and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1985 PLP 1935 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 1935 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Muhammad Afzal Zullah and Nasim Hassan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 1935 (SCMR) (MUHAMMAD IQBAL and another — Petitioners Versus MUHAMMAD ALAMGIR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Arif, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for Petitioners.
- Maqbool Ahmad Kadri, Advocate-on-Record for Respondents.
- Date of hearing: 23rd June, 1985.
- Muhammad Arif, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioners.
- Maqbool Ahmad Kadri, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(Against the order of the Lahore High Court, Lahore, dated 26-3-1985, passed in Civil Revision No. 213/85).
Art. 185(3)--Civil Procedure Code (V of 1908), S. 12(2)--Application challenging validity of judgment on plea of fraud/misrepresentation- Limitation of--Leave granted to resolve divergence of view between two High Courts through an authoritative pronouncement by Supreme Court on questions involved. Sikandar v. Saleh Muhammad 1983 C L C 1590 and Malik Inayatullah Khan v. Government of Pakistan P L D 1985 Pesh. 23 ref.
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.‑‑The facts giving rise to this petition are briefly that the petitioners and the respondents had a dispute with regard to a part of Property No. 138‑Anarkali, Lahore. The parties referred the matter to an Arbitrator. The award was made rule of the Court vide judgment dated 4‑2‑1982 passed by the learned Civil Judge, Lahore. Respondents 1 to 8 thereafter filed an application under section 12 (2), C.P.C. for setting aside the judgment of the Civil Judge, on the ground that it had been obtained by fraud and misrepresentation. This application was, however, dismissed by the learned Senior Civil Judge on 14‑1‑1985 on the ground that it was barred by time. In holding so, he relied on Sikandar v. Saleh Muhammad 1983 C ‑L C 1590, wherein the view taken is that the period of limitation for application under section 12(2), C.P.C. was governed by Article 173 of the Limitation Act. The learned High Court, however, relied on a Division Bench judgment of the High Court of Sind reported as Malik Inayatullah Khan v. Government of Pakistan P L D 1985 Pesh. 23 wherein after considering the aforementioned judgment of the Karachi High Court it was held that such application was governed by Article 181 of the Limitation Act. This view of the Lahore High Court has been challenged by the petitioners through the present petition.
2. Since there is divergence of view on the above‑noted question between the High Courts we feel that the matter requires an authoritative Pronouncement by this Court on the question involved in this case. Leave is, therefore, granted for the said purpose. Security in the sum of Rs.1,
000. To be heard on the same record with permission to file additional documents.
3. Stay already granted shall continue.
4. Since proceedings in the trial Court are being stayed by this Court the appeal arising out of this petition should be fixed for hearing at a very early date. M.I. Leave granted.