“It is the case of the petitioner that the decree was
procured fraudulently and by misrepresentation and their
predecessor Jehan Khan and they were kept in dark about
the passing of the decree in a fraudulent manner, thus according to the above section, the period of limitation,
which is prescribed for filing an application under section
12(2), CPC under Article 181, shall commence when the
petitioner attained the knowledge A in August, 1993, thus
the application has been filed within the period of the
limitation and the petitioners were not supposed to explain
why the application was not filed within the prescribed
period; however, if the period of limitation has expired as
no case under section 18 was made, then obviously the
application under section 5 of the Limitation Act, if
applicable to such cause, should have been moved by the
petitioner. The view taken by the learned revision Court is
absolutely misconceived and illegal”
PLD 2006 Lahore 181
Used In judgment of:
Lahore High Court
WP- Family Law
2281-10
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