ORDER RAJA MUHAMMAD SABIR, J.- This petition is directed against the order of the Learned Additional District Judge, Lodhran, whereby, he dismissed the application of the petitioners under Section 12(2), CPC.
2. Briefly, the facts of the case are that respondent No. 1 filed a suit for specific performance of contract against Laal/predecessor of the petitioners which was dismissed by the Trial Court vide judgment and decree dated 10.4.1984. The respondents assailed the said judgment and decree in appeal before the Learned District Judge, Multan, who accepted the appeal vide judgment and decree dated 7.5.1990 and set aside the judgment and decree dated 10.4.1984. The judgment and decree dated 7.5.1990 was affirmed by this Court on 29.5.1997 and petition for leave to appeal was dismissed by the Hon'ble Supreme Court on 20.10.1997.
3. It was alleged in the application under Section 12(2), CPC that respondent No. 1 instituted .The suit for specific performance of contract through fraudulent means: that the petitioners were never served with any notice and ali the proceedings were fictitious and fraudulent and the decree was liable to be set aside. Respondents Nos. I to 8 and 9-B to 9-H submitted reply to the afore-referred application, wherein, they raised the objection of jurisdiction of the Learned Additional District Judge to entertain application under Section 12(2). After hearing arguments of learned counsel for the parties, Learned Additional District Judge dismissed their application against which present revision petition has been instituted.
4. Case been called but no one has appeared on behalf of the petitioners. Name of their counsel is shown in cause list.
5. Learned counsel for the. Respondents submits that the Learned Additional District Judge had no jurisdiction to entertain the application as judgment of the learned District Judge has emerged into the decree of this Court dated 29.5.1997. Whereby, lower. Appellate Court's decree was affirmed and petition for leave to appeal was declined on 20.10.1997. He has relied upon Khawaja Muhammad Yousaf v. Federal Government (1999 SCM R 1516).
6. I have heard Learned counsel for the respondents and perused the record,
7. Suit of the respondents was dismissed by the Trial Court. On appeal, same was decreed and in RSA No. 45/1996 of the petitioners/defendants, judgment of the lower Appellate Court was affirmed by this Court on 27.5.1997. The apex Court declined petition for leave to appeal on 20.10.1997. The final judgment in the suit filed by the respondent is of the High Court' dated 29.5.1997, whereby, judgment of the lower Appellate Court was affirmed. Petition under Section 12(2), CPC could only be filed in this Court. The petitioners have chosen a wrong forum for institution of the application under Section 12(2), CPC Learned Additional District Judge, for valid reasons, dismissed the petitioners' application. I am fortified in my view by the judgment of the Hon'ble Supreme Court, referred above. This petition has no merit and same is dismissed.