TARIQ FATIMA  

CIVIL PROCEDURE CODE 

N es of Section 12(2) 
Made by: FATIMA TARIQ 
fatimatariq98@gmail.com 
 

Fall’ 2019
SECTION 12(2) CPC

JUDGMENT OBTAINED ON FRAUD, MISREPRESENTATION OR WANT OF

JURISDICTION

1. Introduction: A person aggrieved of a judgment or order obtained on the basis of fraud,

misrepresenta on and if such order suffers from want of jurisdic on can challenge the

same in the same court which has passed the final order. The civil courts are vested with

the power to recall the order.

2. Relevant provision: Sec on 12(2) CPC

3. Section 12(2) of CPC: This sec on speaks of the principle that if a Decree, Order or

Judgment is obtained by fraud, misrepresenta on, or where the ques on of jurisdic on

has risen, such Order Decree or Judgment shall be challenged through an applica on in

the same court and no other separate Suit shall lie.

4. Definitions:

● Fraud: “Decep on intended to result in financial or personal Wrongful gain”.

● Misrepresentation: the ac on or offense of giving a false or misleading account of the

nature of something.

● The question of “want of jurisdiction” means that Territorial or Pecuniary Jurisdic on of

a court is in ques on and it is purported that Court had or has no such Jurisdic on.

5. Remedy against such order, Decree or Judgment: If it is alleged that an order, Degree or

Judgment has been obtained by fraud or misrepresenta on or where the ques on arose

on Jurisdic on of the Court, the remedy is to approach the same court who has issued

such Final Order, decree or Judgment.

6. Appropriate Forum and Procedure for Remedy.

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As fresh suit is barred by plain words or Sec.12 (2), hence an applica on is to be submi ed in

the same court who has passed such Final Order, Decree or Judgment.

2008 SCMR 236: such applica on, wherein serious allega ons are leveled for fraud or

misrepresenta on evidence needs to be recorded.

7. Prerequisite for the attraction of Sec.12(2)

Plea for challenging the Order, decree or judgment shall be that such order, decree or judgment

was obtained through

i. Fraud.

ii. Misrepresenta on.

iii. The ques on has arisen as to the jurisdic on of the court.

8. Object and purpose of the section: Sec on 12(2) actually aimed to prevent delay being

caused in expedi ous disposal of execu on pe on by making frivolous and malafide

objec ons thereto. Bar ins tu on of separate Suits and hence saving courts from

exhaus on and being overburdened.

9. Limitation For filing Application: No limita on is given by this sec on. Hence limita on

is (3yrs ) for the Applica on would be covered Under Sec. 181 of Limita on.

2003 SCMR 1050: such limita on shall start from the date on knowledge of such fraud or

misrepresenta on.

10. Effect: 12(2) has a Prospec ve effect. It has no retrospec ve effect. For the purpose, it is

immaterial whether the suit is ins tuted prior or a er addi on of this subsec on 12(2)

CPC

11. Remedies

○ By way of remedies the court can either …

○ Set aside the decree

○ Grant any other appropriate remedy

○ Modify decree order or judgment obtained by fraud misrepresenta on or lack of

jurisdic on

○ Rec fy order, etc.

12. Others remedies available to the aggrieved party

○ Appeal u/s 96 CPC

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○ Review u/s114 + o.47 CPC

○ Revision pe on in high court u/s 115

○ Invoca on of inherent powers of high court u/s 151

○ Cons tu onal remedy u/Art. 199 of the Cons tu on of Pakistan,1973

13. 12(2) is not applicable when fraud is commi ed prior to proceeding.

14. Re-trial: Where the decree is set-aside, there will be a retrial, but if it is held that the

original claim is fraudulent, then there will be no trial.