Introduction
An application under Section 12(2) CPC is filed after a final judgment, decree, or order has already been passed when an aggrieved person believes that the decision was not obtained through a fair judicial process. It is commonly invoked where the impugned order was procured through fraud, misrepresentation, concealment of material facts, fabrication of documents, or want of jurisdiction. The purpose of this provision is not to reopen a case merely because one party disagrees with the findings of the court. Rather, it exists to protect the integrity of judicial proceedings where the court’s process itself has been misused.
Under this provision, the aggrieved person does not file a fresh suit; instead, the challenge must be brought before the same court that passed the final judgment, decree, or order. In practice, an application under Section 12(2) of the CPC is often filed when a party later discovers that the decree was obtained by suppression of material facts, false pleadings, or forged documents, or when the court lacked legal jurisdiction to pass the impugned order.
Section 151 CPC — Inherent Powers of Court
Section 151 preserves the inherent powers of the court to make such orders as may be necessary for:
- the ends of justice, or
- preventing abuse of the court’s process.
In practice, lawyers frequently draft the matter as:
“Application under Section 12(2) CPC read with Section 151 CPC for setting aside judgment/decree/order.”
The reason is practical: Section 12(2) provides the substantive statutory remedy, while Section 151 supports the court’s inherent jurisdiction to do complete justice.
Why this application is filed
This application is filed because the law recognizes that a judgment obtained through fraud cannot be allowed to stand merely because it has formally attained finality. Courts are expected to decide cases on facts and lawful jurisdiction. Where the court has been misled, or where the order itself suffers from a jurisdictional defect, Section 12(2) CPC provides a corrective remedy. It is therefore a protective mechanism aimed at preserving public confidence in the administration of justice.
When This Application Is Filed
An application under Section 12(2) CPC is ordinarily filed where the applicant alleges that the judgment, decree, or order was obtained by:
1. Fraud upon the Court
For example:
- concealment of material facts,
- fabrication of documents,
- false statements knowingly made to obtain judicial relief.
The fraud must ordinarily be connected with the procurement of the judicial order itself.
2. Misrepresentation
Where the court was induced to pass an order based on incorrect or misleading facts.
3. Want of Jurisdiction
For example:
- lack of territorial jurisdiction,
- lack of pecuniary jurisdiction,
- absence of subject-matter competence,
- proceedings conducted without legal authority.
When It Should Not Be Used
Section 12(2) CPC is not a substitute for:
- regular appeal,
- review,
- revision,
- re-arguing evidence merely because the decision is adverse.
Courts generally hold that mere error of appreciation, weak evidence, or dissatisfaction with findings does not automatically attract Section 12(2). The applicant must show something more fundamental, such as fraud, misrepresentation, or a jurisdictional defect.
At What Stage Should It Be Filed?
The application is filed after the final judgment, decree, or order has been passed.
It is, therefore, a post-judgment remedy.
It is not filed during ordinary trial proceedings merely because a party anticipates an adverse result.
Which Court Has Jurisdiction?
The application must ordinarily be filed before the same court that passed the final judgment, decree, or order. Section 12(2) itself expressly states this.
For District Court practice in Karachi:
- If the decree was passed by a Senior Civil Judge, file it before that court.
- If passed by the Additional District Judge, file before that court;
- If an administrative transfer has occurred, office practice may require scrutiny by the filing branch; always confirm the current roster and assignment.
Section 12(2) CPC does not always operate like an ordinary appeal provision. However, prompt filing is important.
- A party should file immediately after knowledge of fraud, misrepresentation, or a jurisdictional defect.
- Delay should be explained in the application through clear factual pleading.
- Practical court conduct strongly favors diligence.
Legal arguments commonly taken in court
1. Fraud vitiates judicial proceedings
A primary argument is that fraud destroys the foundation of the judicial act. If the judgment was procured through deception, concealment, forged documents, or false statements, the resulting decree cannot be allowed to remain operative.
2. The court was misled into passing the order
It should be argued that the misconduct was not merely between the parties. The court itself was induced to pass the judgment on incorrect, incomplete, or manipulated facts. This is usually a stronger ground than merely alleging private wrongdoing.
3. Section 12(2) CPC provides the proper statutory remedy
The applicant should submit that where the challenge is based on fraud, misrepresentation, or want of jurisdiction, the law expressly requires the aggrieved person to approach the same court which passed the final judgment, decree, or order.
4. Want of jurisdiction renders the order vulnerable
If the impugned order was passed without territorial, pecuniary, or subject-matter jurisdiction, the court may be invited to examine whether the order suffers from a foundational legal defect.
5. Inherent powers under Section 151 CPC
The court may also be requested to exercise its inherent powers under Section 151 CPC to prevent abuse of process and secure the ends of justice.
Procedure to file the application
Step 1 — Obtain the impugned order
Obtain a certified copy of the judgment, decree, or order that is being challenged.
Step 2 — Collect supporting material
Gather all documents that establish the alleged fraud, concealment, misrepresentation, or jurisdictional defect. The application should be supported by concrete material rather than general allegations.
Step 3 — Draft the application
The application should clearly mention:
- particulars of the impugned judgment, decree, or order;
- date on which it was passed;
- facts showing fraud, misrepresentation, or lack of jurisdiction;
- when and how the applicant came to know of the defect;
- the specific relief sought.
Step 4 — Attach supporting documents
Normally attach:
- certified copy of the impugned order;
- vakalatnama;
- affidavit;
- relevant annexures and documentary material.
Step 5 — File before the same court
The application must be filed before the same court that passed the final judgment, decree, or order. In district court practice, the filing branch may scrutinize the papers before numbering the matter.
Step 6 — Notice to the opposite party
After scrutiny, the court ordinarily issues notice to the respondent.
Step 7 — Reply and objections
The respondent may file written objections or a counter version.
Step 8 — Evidence if necessary
Where disputed factual questions arise—especially allegations of fraud—the court may allow parties to lead evidence.
Step 9 — Final arguments
The court hears arguments on maintainability and merits, and may either dismiss the application or set aside the impugned judgment, decree, or order.
Format of Application under Section 12(2) CPC read with Section 151 CPC
The format is given below:-
IN THE COURT OF _________ SENIOR CIVIL JUDGE DISTRICT __________ AT KARACHI
CIVIL SUIT NO. ____ OF 20____
ABC………………………………………………….PLAINTIFF
VERSUS
XYZ & OTHERS ……………………………….DEFENDANTS
APPLICANT NAME WITH FATHER NAME WITH ITS ADDRESS……………………………………. APPLICANT/DEFENDANT NO.1
APPLICATION UNDER SECTION 12(2) OF C.P.C. READ WITH SECTION 151 OF C.P.C.
It is very humbly and most respectfully prayed on behalf of the abovenamed Defendant No.1 that this Honourable Court may very kindly and graciously be pleased to grant this application, thereby set aside the Order dated 16th July, 2012, passed by this Honourable Court and to suspend its operation in the larger interest of justice, on the consideration of the following grounds:-
- That the impugned Order dated 16th July, 2012 has been obtained by the Plaintiff with malafide intention and ulterior motives after keeping this Honourable Court in darkness, even though the Defendant No.1 remained unaware about the pendency of the said Suit.
- That it is settled Principal of Law that every matter should be decided on merits instead of technicalities, hence on this ground also the impugned Order passed by this Honourable Court should be recalled as the Plaintiff obtained the Order from this Honourable Court in a fraudulent manner with ulterior motives.
- That the rights of the Defendant NO.1 are guaranteed under the Constitution of Pakistan, 1973; therefore, the Defendant NO.1 have constitutionally right to participate in the said proceedings because the said Order obtained by the Plaintiff was obtained in a fraudulent manner and through the concealment of facts.
- That is very important to mention here that the Plaintiff, with malicious intention and ulterior motives, concealed the facts just to get undue benefits from this Honourable Court, and due to which the Defendant NO.1 was not informed properly by the Plaintiff regarding the pendency of the matter.
- That, it is further submitted that the Immovable Property, i.e., Shop NO. _____________________ is not belong to the Deceased Father of the parties, as this is the Property of the Defendant NO.1 as on 04th October, 1995 the Defendant NO.1 had purchased the Said Shop from one ______________ Son of _____________ against sale consideration of Rs.2,50,000/-(Two lac & Fifty thousand only) and the possession of the said Shop has been delivered to the Defendant No.1 (Purchaser). Copy of the Sale Agreement is annexed as Annexure “D/…….”, therefore, this Property /Shop is not Inherited Property as this is the sole property of the Defendant NO.1.
- That, it is very important to mention here that another property, i.e., House NO. _______________________ is in the possession of the Plaintiff but he concealed this fact regarding the possession of the House, despite of fact that the Defendant NO.1 and other legal heirs have made their twentieth efforts to settle the dispute or to distribute the share but the Plaintiff did not cooperate the other legal heirs and put his bad eye in the said House just to gallup it with ulterior motives, and due to which he has filed the instant Suit and obtained Order from this Honourable Court by concealment of facts with misrepresentation.
- That is, the attachment of the Shop NO. __________________ is quite illegal, unlawful, and against the Law because this Property is not inherited Property and does not belong to the Deceased Father of the parties, namely Ishtiaq Ahmed, because the said shop belongs to the Defendant NO.1 and he is the sole owner of the said Shop.
- That, other grounds shall be urged at the time of hearing of this application, with kind permission of this Honourable Court.
In view of the above-mentioned circumstances and grounds, it is very humbly and most respectfully prayed that this Honourable Court may very kindly and graciously be pleased to set aside the impugned Order and to decide the same on merits in the larger interest of justice, equity.
KARACHI.
DATED:- _____/NOV/20___
SIGNATURE OF ADVOCATE FOR THE
DEFENDANT NO.1
________________________________________________________________________________________________________________________________________
IN THE COURT OF ______ SENIOR CIVIL JUDGE DISTRICT _________ AT KARACHI
CIVIL SUIT NO. ____ OF 20____
ABC………………………………………………….PLAINTIFF
VERSUS
XYZ & OTHERS……………………….DEFENDANTS
AFFIDAVIT
I, ______________________ S/O. (LATE) ________________, Muslim, adult, Resident of Karachi, do hereby state on Oath as under:-
- That I say that I am the Defendant No.1 in the above matter and deponent of this affidavit, hence fully conversant with the facts of the case and contents of this affidavit.
- That, I say that the accompanying application has been drafted and filed under my specific instructions, and for the sake of brevity, I adopt all the contents mentioned therein as an integral part and parcel of this affidavit.
- That, I say that my rights are guaranteed under the Constitution of Pakistan, 1973; therefore, I have a constitutional right to participate in the said proceedings because the said Order obtained by the Plaintiff was obtained in a fraudulent manner and concealment of facts without allowing me to defend my rights/interest, which is involved therein.
- That, I say that I remained unaware of the pendency or proceedings of the said Suit; therefore, the impugned Order is liable to be set aside in the interest of justice.
- That, I say, until and unless the accompanying application is allowed, I shall seriously be prejudiced.
That, whatever is stated hereinabove is true and correct to the best of my knowledge and belief.
KARACHI.
DATED:-____/NOV/20___
SIGNATURE OF D E P O N E N T
The deponent is identified by me.
__________
ADVOCATE
Solemnly affirmed before me on oath at Karachi on this ______ day of NOVEMBER-2012 by the deponent abovenamed who is identified to me by ______________, ADVOCATE, who is personally known to me.
Conclusion Of This Provision
An application under Section 12(2) CPC is an exceptional but important remedy in Pakistani civil procedure. It protects the court’s own process from abuse and provides a direct mechanism for challenging judgments, decrees, and orders obtained through fraud, misrepresentation, or lack of jurisdiction. For advocates in District Courts, careful pleading of facts, prompt filing, and precise legal framing often determine whether the application survives at the threshold.
Disclaimer
The format and information provided above are for educational and reference purposes only. They are intended to offer general guidance on legal drafting and procedure and should not be treated as legal advice. Each case depends on its own specific facts, applicable law, and court practice; therefore, users are advised to modify the format according to their particular circumstances and seek professional legal advice as necessary.