Law: Civil Procedure Code (V of 1908)

Section: S.12(2),O.XXXVII,r.1,2

Law: Civil Procedure Code (V of 1908)

Section: S.12(2),O.XXXVII,r.1,2

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr.2, 3 & S.12(2)---Suit for recovery of loan---Application for leave to defend suit---Challenging and decree on allegation of fraud and misrepresentation---Defendant filed application for leave to defend suit, which was dismissed by Trial Court and High Court with direction to defendant to submit cash guarantee/bank guarantee or surety equal to the suit amount within a period of one month---Defendant failed to comply with the said direction of the High Court and abstained himself to attend the hearing before the Trial Court and Trial Court ordered to proceed ex parte---Affidavit, in ex parte proof was filed by the plaintiff with relevant documents and suit was accordingly decreed in favour of the plaintiff, which had attained finality---Defendant preferred application under S.12(2), C.P.C. and sought said finding to be upset on the ground of fraud and misrepresentation of facts---Said application was dismissed---Validity---Trial Court had rightly dismissed application filed under S.12(2), C.P.C. as same was beyond the scope of the subject matter of the suit and was nothing, but an attempt to frustrate the ends of justice---No fraud or misrepresentation of facts appeared at all in the matter of obtaining the and decree---Impugned order could not be interfered with by High Court in exercise of its revisional jurisdiction. Jamil Ahmed Javed for Applicant. ORDER S. ZAKIR HUSSAIN, J.--- This civil revision application has been preferred against the order dated 5-7-2010 of the learned VIIth Additional District Judge, Karachi (South) passed in Ex.01/09, on an application under section 12(2), C P.C., whereby the said application was dismissed. Briefly stated, the facts are that the applicant in the year 2003/2004, obtained a friendly loan of Rs.17,00,000 from the respondent for his business purposes, and executed a Promissory Note thereagainst in presence of two witnesses, but at the mutually agreed time, on demand of the respondent to repay back to him, the aforesaid amount, the applicant issued three cheques to the respondent of different amounts drawn on Muslim Commercial Bank Limited, which when tendered, stood…

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