How to challenge a judgment and decree under the provision of section 12(2) of CPC, which has been obtained through fraud and misrepresentation? The sample of petition U/S 12(2) CPC is given here.

Petition Section 12(2) of CPC

Forum: civil court

Title: Petitioner/s                 Vs            Respondent/s

PETITION UNDER SECTION 12(2) CPC FOR SETTING ASIDE JUDGMENT AND DECREE DATED 13.10.2018 PASSED BY SYED EARNED CIVIL JUDGE WHEREBY, THE LEARNED CIVIL JUDGE DECREED THE SUIT FILED BY THE RESPONDENT NO. 2 AGAINST THE RESPONDENT NO. 3 WHICH JUDGMENT AND DECREE IS BASED ON MISREPRESENTATION, FRAUD COLLUSIVENESS WITH RESPONDENT NO. 3

Respectfully Sheweth,

That the predecessor of the petitioner namely Fazal Deeb Ahmed son of Zia Ud Din Ahmed was the owner in possession of land measuring 11K-5M khasra No. 248, 2504, Khewat No. 270 and 370 situated in the Revenue Estate of Misria (hereinafter referred as property in question). After the death of Fazal Deeb Ahmed (predecessor of petitioner), the property in question along with other properties was devolved upon the present petitioner along with other co-sharers.

That the petitioner and her other relative are residing in Karachi and they off & on come to Gujarat. Now in the end of March, 2022, the petitioner came here at Gujarat in order to look after and disposing of the matter of the property in question and for this purpose the petitioner visited to the office of the respondent No. 4 and probed the revenue record of the property in question and astonished to know that the respondent No. 3 prepared a fake power of attorney and on the basis of said fake and forged power of attorney, the respondent No. 3 sell out the above said property to respondent No. 2 and when the petitioner further inquired the matter it further revealed that respondent No. 1 is also so-called claimant of the property in question on the basis of a forged agreement with the predecessor of petitioner and there are civil proceeding carried out between the respondent No. 1 to 3 just in order to legalize their fraud and forgery by using the Hon’ble court as tool and in this regard, the respondent No. 2 also obtained a judgment and decree against the respondent No. 3 on the basis of fraud and misrepresentation, whereas on the other hand the respondent No. 1 also filed a petition U/S 12(2) against the above said judgment and decree dated 13.10.2018 which has been accepted by this Hon’ble court and subjudice.

That the respondents in connivance with each other bent upon grabbing the valuable properties of the petitioner through fraud, misrepresentation, and cheating, and the judgment and decree dated 13.10.2018 is also a result of collusiveness, fraud, and cheating of the respondents who want to use the judgment and decree of this Hon’ble court as a device to deprive the petitioner of her valuable property, hence this petition U/S 12(2) of CPC inter alia on following: - 

G R O U N D S

That the impugned judgment and decree is based on misrepresentation, fraud, and collusiveness of the respondents which fact is evident from the record concerned.

That the respondents while collusiveness with each other and also committed fraud with the Hon’ble court obtained the judgment and decree through deceitful manners and concealed the actual and true facts from the court, which is liable to be set aside.    

That the learned trial court passed the impugned judgment and decree on the basis of misreading and non-reading the facts available on the file and also passed the judgment and decree in a hasty manner. 

That the valuable rights of the petitioner are involved and if the impugned judgment and decree dated 13.10.2018 is not set aside, then the petitioner shall suffer an irreparable loss.

PRAYER

In view of the above it is, therefore, most humbly prayed that by accepting the application in hand, the impugned judgment and decree dated 13.10.2018 passed by the predecessor of this Hon’ble court is based on fraud, misrepresentation, collusiveness of the respondents, may please be set-aside for the interest of justice and the suit of the respondent No. 2 may kindly be dismissed.

Petitioner                              Through Counsel

Note: An application for the suspension of the operation of impugned judgment and decree may enclose for suspension of proceeding of the trial court.