What if an ex parte decree is passed in favour of the Plaintiff and they filed an appeal for modification of decree in HC. The case is on services stage and now the other party has filed 12(2);CPC r/w 151 CPC in the trial court. Is this application maintainable?
sir petitioner got decree the suit from court without including the registrar as a necceasary party. so when filling an application under cpc12(2) can i add registrar as a party to confirm the evidence from registrar record room?
First and foremost you are only concerned with the fraud/ misrepresentation / want of jurisdiction committed in obtaining the decree. You do not have to make Registrar or any other person as a necessary party as the only object/ purpose of 12(2) is to set aside the decree and start the trial afresh. Therefore, although you can write all the reasons for setting aside decree under 12(2) application. Rest of the case will be decided in the trial when application is allowed by the court.
sir, very important, the fraud has been played by one person A on another B (plaintiff). person A is obtained jurdgement by fraud. B is uneducated and he was tricked by his adv to loss the case . The person B is died now and 10 years have passed. His son has found the fraud played by A on his father B. can son of B reopen the case and limitation application ?
Aoa sir.ksi ne mera fake power attorney banwa k court se meri zameen degree krwai hai.patwari k pas court se saman aye han.muje 3 months bad pata chala.ab muje kya step lena chahye.wo degree k behalf pe meri zameen sale krna chahty hain.kindly meri rehnumai farmaye thanks
سر جی ھمارے بھائیوں کے درمیان 2007 میں سول کورٹ میں کمپرومائز ھوئ تھی ۔ ایک بھائ نے کینہ بغض بنا پر 2014 میں (12)2 کی درخواست دی تھی۔ درخواست منظور ھو گئ۔ حالانکہ ٹائم limitation صرف تین سال ھے۔
sir mashAllah .. to the point info ,,,, pleasure to have you
Sir yahaan aik point limitation k hawalay say ye bhi hai k within three years but "after the knowledge.
What if an ex parte decree is passed in favour of the Plaintiff and they filed an appeal for modification of decree in HC. The case is on services stage and now the other party has filed 12(2);CPC r/w 151 CPC in the trial court. Is this application maintainable?
The section 12(2) not mentioned the provisions
Good work
sir petitioner got decree the suit from court without including the registrar as a necceasary party. so when filling an application under cpc12(2) can i add registrar as a party to confirm the evidence from registrar record room?
First and foremost you are only concerned with the fraud/ misrepresentation / want of jurisdiction committed in obtaining the decree. You do not have to make Registrar or any other person as a necessary party as the only object/ purpose of 12(2) is to set aside the decree and start the trial afresh. Therefore, although you can write all the reasons for setting aside decree under 12(2) application. Rest of the case will be decided in the trial when application is allowed by the court.
@@justanianlawchamber730 thanks
@@GR-bn9fw welcome
Very nice
Sir, kya jo land pehle se hi mortgage hai,kya uski consent decree ho sakti hai
sir, very important, the fraud has been played by one person A on another B (plaintiff). person A is obtained jurdgement by fraud. B is uneducated and he was tricked by his adv to loss the case
. The person B is died now and 10 years have passed. His son has found the fraud played by A on his father B. can son of B reopen the case and limitation application ?
wow nice video
Aoa sir.ksi ne mera fake power attorney banwa k court se meri zameen degree krwai hai.patwari k pas court se saman aye han.muje 3 months bad pata chala.ab muje kya step lena chahye.wo degree k behalf pe meri zameen sale krna chahty hain.kindly meri rehnumai farmaye thanks
سر جی ھمارے بھائیوں کے درمیان 2007 میں سول کورٹ میں کمپرومائز ھوئ تھی ۔ ایک بھائ نے کینہ بغض بنا پر 2014 میں (12)2 کی درخواست دی تھی۔ درخواست منظور ھو گئ۔ حالانکہ ٹائم limitation صرف تین سال ھے۔
Very nice
Sir agar arbitration award or rule of court kay zhrey say degree hoi ha phir kay ho ga