limitation Act (IX of 1908), First Sched. Art. 181---Application under S.12(2), C.P.C, filing of-

2019 CLC 1651
LAHORE
INAYAT ALI vs : MUHAMMAD RAMZAN

S.12(2)---limitation Act (IX of 1908), First Sched. Art. 181---Application under S.12(2), C.P.C, filing of---limitation ---Fraud---Defendant moved his application under S.12(2) of the C.P.C. for setting aside the decree after the lapse of more than nine (9) years, inter alia on the grounds that the plaintiffs deliberately gave his incorrect address in the suit/appeal so as to non-suit him---Plaintiffs had, therefore, played a fraud upon the Court---Court below had not given a categorical finding on the issue pertaining to the point of limitation ---Impugned judgment was set aside with the directions that the defendant's application under S.12(2) of the C.P.C. shall be deemed to be pending before the Court below and shall be decided afresh strictly in accordance with the law on the basis of the evidence already available on the file; and, that the Court below shall further ensure that separate and distinct findings were given on all the issues framed---Revision petition was allowed accordingly.