Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 9(5),12,12(2),22

Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.IX,R.13

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 12 & 9(5)---Civil Procedure Code (V of 1908), S. 12(2) & O.IX, R. 13---Suit for recovery of loan amount---Ex parte decree, setting aside of---Requirements---Fraud and misrepresentation---Effect---Contention of the applicant was that he was not residing at the given address and could not be served and decree was obtained on the basis of fraud and misrepresentation---Application for setting aside ex parte decree was dismissed by the Banking Court---Validity---Notices were issued to the applicant at the address provided by him on the form for availing finance facility---Banking Court had adopted all the modes to procure the service of applicant prior to passing ex parte and decree---Applicant had failed to prove the necessary requirement i.e. fraud, misrepresentation and want of jurisdiction for setting aside the impugned and decree---If fraud was alleged in an application filed under S. 12(2), C.P.C. then its necessary ingredients must be pleaded so as to subsequently prove the same---General and bald allegations of fraud and misrepresentation could not form basis to upset a decree otherwise validly passed by a Court of competent jurisdiction---Applicant had failed to prove fraud and misrepresentation by the Bank for obtaining ex parte and decree---Banking Court had rightly dismissed the application for setting aside ex parte decree---No illegality or perversity had been pointed out in the impugned order--- Appeal was dismissed in limine in circumstances. Muhammad Mobeen v. A.B.N. Amro Bank through Manager 2015 CLD 1904 and Talib Hussain v. Mst. Parveen Akhtar PLD 2013 Lah. 129 ref. Ireno Wahab v. Lahore Diocesan Trust 2016 CLC Note 85; Mst. Nasir Khatoon's case 2003 SCMR 1050; Dadabhay Cement's case PLD 2002 SC 500 and Riaz Ahmed v. Bank of Punjab 2016 CLD 596 rel. (b) Interpretation of documents--- ----Heading/caption did not matter and it was only the content of the document which had to be considered. Asif Raza Mir v. Muhammad Khurshid Khan 2011 SCMR 1917 rel. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE:---.--- Through the instant First Appeal Against Order under…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492