' This revision petition is directed against order dated 21-1-1992 passed by trial Court through which an application moved by the petitioner under section 12(2), C.P.C. To challenge the judgment and decree dated 15-5-1991 passed by the trial Court in the suit titled Sunni View Cooperative Housing Society through Secretary v. Arshad Hussain etc. On the ground that the same was collusive.
2. The trial Court rejected the said application on the sole ground that the petitioner was not party in the said suit in which the said decree was passed and was hit by principle of lis pendens as he had purchased the property from one of the parties in the said suit during its pendency.
3. Learned counsel for the petitioner has rightly argued that under section 52 of the Transfer of Property Act a purchaser to property from one of the parties in the suit during the pendency of the suit could challenge the decree obtained in the said suit by the parties on the ground of collusiveness which ground is also available under section 12(2), C.P.C. Therefore, the trial Court should have decided the application after framing issues.
4. Learned counsel for the respondents attempted to raise a number of objections against the mintainability of application under section 12 (2), C.P.C. On merits and also on the ground that suit filed by the petitioner on the basis of same cause of action before a Civil Court was withdrawn by him as such he shall be deemed to have waived all the objections against the title of the respondents in the property. I am not called upon to discuss their merits as the trial Court has to decide the same after framing issues and affording opportunity to the parties to produce evidence.
5. The order dated 21-1-1992 passed by the trial Court suffers from jurisdictional defect inasmuch as taking erroneous view of the matter he has failed to exercise jurisdiction vested in it under the law to decide the said application on merits.
6. This revision petition is accepted. Order dated 21-1-1992 passed by the trial Court is set aside. The case is remanded to the trial Court for disposal of application filed under section 12 (2), C.P.C. On mertis after framing issues and recording evidence. The parties are left to bear their own costs.