Who can file application u/s 12(2) CPC

Опубликовано: 10 Апрель 2026
на канале: Ashraf Asmi Advocate

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#1984SCMR586 #2016YLRN203Lahore #2017CLC305Lahore
Who can file application u/s 12(2)
 Any person, whether party or not: Legislature purposely used word `person' only and not intended to restrict right of filing application under S. 12 (2) CPC only to "judgment-debtor" or his "successor-in-interest" or a "person who was party thereto". (1984 SCMR 586)
 Not necessarily all persons: No condition has been imposed under S.12 (2), CPC that all persons interested in getting decree set aside must join proceedings. Every person is allowed under S.12 (2), C.P.C. to challenge validity of judgment and decree or order. (2016 YLRN 203 Lahore)  Rejection of application for impleading party, not bar: Filing of application to be impleaded as party or its rejection did not preclude the
petitioner to file an application under S.12 (2), C.P.C. nor did it take away his
right to pursue the remedy which was available to him under law.
(2017 CLC 305 Lahore