Application Under Section 12(2) CPC | 2020 C L C 1119 | 2020 C L C 111 | 2020 C L C 1491

If any person has obtained judgment, decree or order by committing fraud, misrepresentation or want of jurisdiction, the aggrieved person can file a petition under section 12(2) of CPC (Civil Procedure Code), which is reproduced hereunder;-


"Where a person challenges the validity of a judgment, decree or order on the plea of fraud, mis-representation 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".


In fact, no specific period of limitation is provided for filing of an application under section 12(2), C.P.C. and as a result thereof, Article 181 of the Schedule to the Limitation Act, is applicable. An application under section 12(2), C.P.C. can be filed within three years of the date of order/judgment and decree.


Party asserting fraud and misrepresentation must narrate full particulars of fraud and misrepresentation not only in the petition but must also prove the same through cogent evidence--Mere asserting fraud without proof of the same was not sufficient for setting aside a decree.




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