Advocate Zeshan Ul Haque Kohidamani

2023 KPLJ 171 [PESHAWAR HIGH COURT] Before S. M. Attique Shah, J. Mst. Naveeda ---------- Petitioner versus The State ---------- Respondent Cr. M/BCA No. 708-P/2020, decided on 14-06-2021. (a) Code of Criminal Procedure, 1898 (V of 1898)      ----- S. 497(5) ----- Statement of complainant being sole eye witness of the occurrence ----- Importance ----- His appearance and recording of his statement is utmost important for the case of prosecution ----- Inability of complainant to appear for his statement in near future ----- Effects ----- Dismissal of application for cancelation of bail ----- Accused cannot be kept behind the bars ---- particularly, when the trail court is unable to conclude and decide the fate of the case on account of the absence of the material evidence of the prosecution.  (b) Code of Criminal Procedure, 1898 (V of 1898)      ----- S. 497(5) ----- Non-appearance of the complainant for his statement...

  SECTION 12(2) C.P.C. It is a very important section in the Code of Civil procedure, (C.P.C.) which is usually filed an application by an aggrieved person for setting aside a final judgment, decree or order, which is passed by a court due to fraud, misrepresentation or want of jurisdiction. Hence, it is reproduced section 12 (2) C.P.C. as follows:             “Where a person challenges  the validity  of a judgment,  decree  or order  on the plea of fraud, misrepresentation  or want of jurisdiction, he shall seek his remedy  by making  an application  to the Court  which passed  the final judgment, decree or order and not  by a separate suit”. When did it insert in C.P.C.? It was inserted in the C.P.C. through the Ordinance X of 1980. Grounds of application Fraud, misrepresentation or want of jurisdiction...