1. C.M. No,109 of 2000 ' SYED ZAHID HUSSAIN, J.---This is application under section 12(2) of Code of Civil Procedure, 1908 filed by Abdul Hague and Mst. Sardaran qua the judgment dated 25-6-1973 who were party in the said petition as respondents Nos. 9 and 10. They had moved such an application in the year 2000 (15-2-2000) after more than 26 years when by that time, even the Notified Officer had in pursuance of the said judgment passed order dated 18-5-1995. They were fully aware of that judgment as they had been participating in the post remand proceedings before the Notified Officer and even filed an incompetent appeal against order dated 18-5-1995 before the Additional Commissioner (Revenue) which was accepted on 28-12-1995 and is subject of challenge in Writ Petition No,64- R/96. All these facts have not been disclosed in the application.
2. There is no cavil that a transaction emanating from commission of fraud or order can be assailed whenever the same comes to the knowledge of the person adversely affected by the same. In a recent pronouncement by the Hon'ble Supreme Court of Pakistan Sheikh Muhammad Sadiq v. Elahi Bakhsh and 2 others 2006 SCM R 12 it has been reiterated that limitation for setting aside an order obtained through fraud and misrepresentation would start from the date of knowledge. Reference may also be made to Abdul Aziz and 6 others v. The Member, Board of Revenue and 15 others 1998 SCM R 1078 and Sarfraz v. Muhammad Aslam Khan and others 2001 SCM R 1062. In the application there is not a remote reference to such essential aspects of the matter, even no attempt has been made to explain the long delay. In view of the participation of the applicants in the proceedings before the Notified Officer and filing of appeal there against before the Additional Commissioner (Revenue) Lahore it cannot be assumed that they had no knowledge of judgment dated 25-6-1973.
3. There is no denial of the fact that the application made by the applicants is clearly beyond limitation, it cannot be allowed simply for the reason that there are allegations of fraud etc. The door of the Court cannot be knocked at any time ignoring the period of limitation. The law of limitation cannot be rendered nugatory and redundant.
4. ' The application, therefore, is liable to be dismissed. Order accordingly.