1. An application under Section 12(2) of the Code of Civil Procedure (V of 1908) is maintainable before a Family Court established under the Family Courts, Act, 1964 despite of exclusion of provisions of the Code ibid in the light of Section 17 of the Act ibid.
2. Though it is not a principle of universal application that in each and every case, the court is bound to frame the issues before deciding the (naeem)fate of an application under Section 12(2) of the "C.P.C." but where misrepresentation and fraud have been alleged and prima facie a case is made out, in such an eventuality said application should have not been dismissed summarily.
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