125/2013 Const. P. Syed Ali Athar (Petitioner) V/S Mst.Shahida Fatima & ors (Respondent)

125/2013 Const. P. Syed Ali Athar (Petitioner) V/S Mst.Shahida Fatima & ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 12-JUN-14

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Civil Procedure Code (V of 1908), S. 12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Eviction order, setting aside of---Misrepresentation and fraud---Ingredients--Scope of S.12(2), C.P.C.---Applicant had failed to point out any fraud or misrepresentation to the court in obtaining the ejectment order---None of the ingredients of fraud and misrepresentation were mentioned in the application---Provisions of S. 12 (2), C.P.C. could not be extended to include the claim of ownership by the aggrieved party while challenging judicial orders passed by competent court---Remedy to the applicant was a civil suit to claim his title on the property and not the provisions of S.12(2), C.P.C. which had a limited scope of examining the validity of a judgment/ decree on the plea of lack of jurisdiction, fraud and misrepresentation---Applicant had not alleged any fraud against the respondent in obtaining the orders rather the facts were otherwise---Applicant had failed to point out any mis-reading and non-reading of evidence while in passing the impugned order---No jurisdictional defect was found in the impugned order---Constitutional petition was dismissed in circumstances.