' On 11-6-1983 Muhammad Chiragh and Muhammad Riaz petitioners filed application under section 12(2);C.P.C.' for setting aside the judgment and decree dated 19-91982 passed in appeal titled Muhammad Fazil and others v. Shahniand% by the learned Additional District Judge, Jhang, on' 'the ground of fraud and, misrepresentation. This application Was dismissed 10-10-1989 on the ground that the applicants/petitioner being not judgment debtors could not challenge the decree passed by it by filing application tinder subsection (2) of section 12, C.P.C and that the learned for the respondent had also contended that the petitioners had gone up to the court of commissioner for challenging the impugned registered sale-deed but they failed and they also filed civil suit was dismissed on 26-6-1982.
2. Learned counsel for the petitioners mainly submitted that the application of the petitioners under section 12(2), C.P.C. Has been dismissed without framing issues and affording the petitioners opportunity to prove the alleged fraud and misrepresentation alleged by them and that any person other than the judgment debtor can file application under section 12(2), C.P.C. Learned counsel for the respondents has not been able to controvert him.
3. I have considered the submissions made by the learned counsel for the parties with care. It is by now well-settled that application by a person other than judgment-debtor for setting aside the judgment and decree on the ground of fraud and misrepresentation is ,sustainable. I feel that instead of rejecting the application straightaway, the trial Court should have framed issues and afford opportunity to the petitioners/applicants to lead evidencei..In proof of the ;allegations of fraud and misrepresentation made by them in the application. The impugned order seems to be arbitrary and illegal.
' Pursuant to the above discussion, the "revision is accepted and the order dated 10-10-19M passed by the learned Additional District Judge, Mang is set aside and the case is sent back to him for fresh decision of the application of the petitioners in accordance with law, in the light of the observations made by this Court in this order.
' The parties are left to bear their own costs.