IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

 

C.P No: D-267/2006

 

1.      For orders on CMA 628/2006

2.      For Katcha Peshi

3.      For orders on CMA 629/2006

 

16-02-2010.

 

Mr. A.M Mobeen Khan for Petitioner.

Mr. Abdul Qadir Shaikh for Respondent No. 6.

Mr. Ghulam Shabir Dayo for Respondent No. 8.

Mr. Abdul Sattar Chohan filed power for Respondent No. 2.

Mr. Sher Mohammad Shaikh, DAG.

 

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                        This Petition has been filed impugning the order of the Additional District Judge-H, Sukkur, dated 28-01-2006 in Civil Revision No. Nil of 2006 wherein the Revision filed against the order of the trial Court, dated 02-08-2005 in CMA of 2005 has been dismissed.

                       

                        The main contention of the learned Counsel for Petitioner is that the learned trial Court had framed only one issue which is as under:-

 

“Whether the Plaintiff Abdul Ghani has obtained the Judgment dated 31-05-1999 and Decree dated 05-06-1999 in F.C Suit No. 10 of 1993 by way of fraud and misrepresentation?”

 

                        According to the learned Counsel for Petitioner, the Application U/S: 12 (2), CPC filed by the Respondent is not maintainable and no issue has been framed on the maintainability of the Application. 

                       

                        During the course of arguments, all the Counsel including the learned Counsel for Respondent No. 8 who had moved the Application before the Lower Court, have consented that the issue which has already been framed by the trial Court may be numbered as No. 2 and a new issue No. 1 may be framed which may be as under:-

                       

                        “Whether the Application U/S: 12 (2), CPC is maintainable?”

                       

                        This proposal is reasonable, and therefore, this Petition is disposed of along with the listed applications, by consent, in the following manner:-

                       

                        The order of the trial Court dated 02-08-2005 is modified to the extent that the issue which will be determined by the trial Court will now be as under:-

 

1.      “Whether the Application U/S: 12 (2), CPC is maintainable?”

2.       “Whether the Plaintiff Abdul Ghani has obtained the Judgment dated 31-05-1999 and Decree dated 05-06-1999 in F.C Suit No. 10 of 1993 by way of fraud and misrepresentation?”

 

                        The trial Court will, after giving both the parties an opportunity of being heard, dispose of the Application U/S: 12 (2), CPC by passing a speaking order after giving detailed reasons in support of its findings within a period of 06 months.

                                                                                                     Judge

 

                                                 Judge

Rashid