Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 19 & 7---Civil Procedure Code (V of 1908), Ss. 11, 47, O.VII, R.11 & O.XXIII, R.3---Suit for recovery of loan---Rejection of plaint---Res judicata, principle of---Applicability---Scope---Compromise between Bank and customer---Consent decree, execution of---Suit for recovery was decreed in terms of a compromise, after which the Bank filed fresh suit for recovery on the ground that the defendant failed to pay installments in terms of said compromise---Plaint was rejected concurrently on ground of res judicata for the reason that the plaintiff Bank should have instead filed an execution petition under S.47 of the C.P.C.---Contention of the plaintiff Bank was that after passing of the consent decree there were three subsequent agreements between the parties, which gave rise to fresh causes of action, and for which the only remedy was filing of a fresh suit---Validity---Contention of the Bank was not tenable as present case was not one where the total outstanding liability had been repaid or any condition was incorporated in the re-scheduling agreements which went beyond the scope of the previous suit and compromise decree---Plaintiff Bank had not argued that the new principal debtors or fresh guarantors were introduced or old properties were released and new properties were mortgaged or such similar conditions were agreed in the subsequent agreements which were beyond the scope of the suit, compromise decree and outside the jurisdiction of the Executing Court---In absence of any such material change in the compromise decree, the Executing Court would be in a position to execute the decree under S.47 of the C.P.C., and could also take into consideration event of agreements and understandings arrived at between the decree holder Bank and the debtors, even after passing of the compromise decree---Appeal was dismissed, in circumstances. Ram Das v. Ali Bahadur AIR 1933 Pesh. 53; Lachhumal Morumal v. Atta Muhammad Khan Nabibaksh Khan and others AIR 1939 Sindh 343; Surput Singh and others v. Mahraj Bahadur Singh AIR 1937 Cal. 222; Nagendra Nath Manjumdar v. Kshitish Chandra Ghose PLD…

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