“This is settled law that limitation for setting aside
an order obtained through fraud or misrepresentation,
would start from the date of knowledge and in the present
case, the respondent has categorically stated that he filed
application under section 12(2) CPC immediately on
coming to know about the decree in 1986, therefore, in
absence of any evidence to the contrary, the presumption
would be that respondent had no knowledge of decree,
before 1986 and consequently, we would take no exception
to the verdict given by the High Court on the question of
limitation”.
2006 SCMR 12
Used In judgment of:
Lahore High Court
WP- Family Law
2281-10
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