' ZIA-UD-DIN KHATTAK, J. Muhammad Karim and two others, petitioners, herein have filed this application under section 12(2), C.P.C. Against the judgment of this Court in Civil Revision No,52 of 2003 dated 10-5-2004 whereby the judgment/decree of learned Civil Judge/Illaqa Qazi, Dir in Suit No,28/1, dated 14-10-1999 and that of the learned District Judge/Zilla Qazi, Dir Bala in Appeal No,86/14/Nim of 1999 dated 18-11-2002 were affirmed.
2. It is alleged that petitioners are real owners of the suit property and that the decree obtained by the respondents Nos.2 and 5 from learned Civil Judge/Illaqa Qazi, Dir upheld upto this Court, being the outcome of fraud may be set aside and as a consequence thereto the suit be dismissed. The application has been filed in this Court in view of apparent scheme of section 12(2), C.P.C. That an application is to be filed in the Court which passed the final order.
3. Heard. Record perused.
4. The law on the subject now stands clarified and settled in view of the dictum of august Supreme Court of Pakistan reported in 1999 SCM R 1516 that if the High Court merely reaffirms judgment or order of a Civil Judge/District Judge by dismissing revision petition under section 115 C.P.C., the final judgment in terms of section 12(2), C.P.C. Will be of the Civil Judge/District Judge and not of the High Court. If, however, the High Court reverses a judgment of a Civil Judge/District Judge and records a finding on question of fact or law contrary to what was held by the lower fora, the final judgment or order would be of the A High Court for the purpose of section 12(2), C.P.C.
5. In the case in hand, this Court by dismissing Civil Revision No,52 of 2003 vide order dated 10-5- 2004 had affirmed and not reversed the judgment/decree dated 14-10-1999 of the Civil Judge/Illaqa Qazi, Dir, the final judgment/decree in terms of section 12(2) C.P.C., is, therefore, of the Civil Judge and as such there can be no dispute with the proposition that jurisdiction to entertain and decide the application under section 12(2), C.P.C. Moved by the petitioners vests exclusively in the Civil Judge/Illaqa Qazi, Dir.
6. Accordingly, this application under section 12(2) C.P.C. Is dismissed being not maintainable in this Court.