civil procedure code, 1908 (v of 1908)-- ----s. 12(2)--three separate suits for possession--question, whether separate suit challenging the decree passed by a court in a suit for pre-emption is maintainable after incorporation of s. 12(2), cpc--held: prior to the amendment in section 12, cpc validity of a judgment, decree or order can be challenged by way of an independent suit on the ground of fraud, misrepresentation or lack of jurisdiction, however, under the proviso of s. 12(2), cpc validity of a decree can be questioned only by filing an application before the same court which had passed the judgment/decree or order. PLJ 2011 Supreme Court 740
Posted on: Fri, 19 Sep 2014 12:11:17 +0000
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