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Application under Section 12(2) CPC

Court that passed the impugned decree  ·  Civil Procedure Code 1908, Section 12(2)

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BEFORE THE court_name, court_jurisdiction

case_type No. _____ of original_year

original_plaintiff, son/daughter of original_plaintiff_father, resident of original_plaintiff_address ... Original original_plaintiff_status

VERSUS

original_defendant, son/daughter of original_defendant_father, resident of original_defendant_address ... Original original_defendant_status

APPLICATION UNDER SECTION 12(2) OF THE CIVIL PROCEDURE CODE 1908

The Applicant respectfully submits:

1. This application is filed under Section 12(2) of the Civil Procedure Code 1908 to set aside the decree passed by this Court on decree_date in case_type No. _____ of original_year.

2. The decree_holder_or_original_plaintiff was the original_status_in_suit, and the Applicant was the applicant_original_status. The decree was passed for decree_subject_matter.

3. ground_1_fraud_misrepresentation. detailed_facts_ground_1 This constitutes legal_consequence_1.

4. ground_2_want_of_jurisdiction. detailed_facts_ground_2 Consequently, legal_consequence_2.

5. ground_3_if_applicable. detailed_facts_ground_3

6. The Applicant was applicant_awareness_status. The facts discovery_timing.

7. The decree, having been obtained manner_of_obtaining, is liable to be set aside under Section 12(2) CPC.

8. no_alternative_remedy_statement.

That the Applicant has filed the present application in good faith and at the earliest available opportunity, and the relief sought is within the competence of this Honourable Court / Authority to grant.

That no prejudice will be caused to any party by grant of the relief sought; on the contrary, refusal of the relief will cause irreparable loss and injury to the Applicant.

That the Applicant approaches this Honourable Court / Authority with clean hands, has made full and frank disclosure of all material facts, and has not concealed anything material to the just decision of the application.

PRAYER

PRAYER

It is, therefore, prayed that this Court may be pleased to:

(a) Set aside the decree dated decree_date passed in case_type No. _____ of original_year;

(b) ancillary_relief_1;

(c) ancillary_relief_2;

(d) Pass such other order as may be deemed just and proper.

VERIFICATION

Verified on oath at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief.

_____________________________ applicant_name Applicant CNIC No. cnic_number Contact: contact_number Date: ______________ Through: _____________________________ counsel_name Advocate

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