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

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 12---Civil Procedure Code (V of 1908), S. 12(2)---Ex parte and decree, setting aside of---Fraud and misrepresentation---Principle---Defendant raised plea of fraud and misrepresentation and denied having executed any power of attorney in favour of advocate who appeared in the Court on her behalf---Banking Court declined to set aside ex parte and decree passed against defendant---Validity---Grounds for filing application for setting aside ex parte and decree were that the same was obtained on the basis of fraud and misrepresentation---If fraud was alleged in application for setting aside ex parte and decree, its necessary ingredients must be pleaded, so as to subsequently prove the same---Mere general and bald allegations of fraud and misrepresentation could not form basis to upset a decree otherwise validly passed by Court of competent jurisdiction---Defendant failed to prove fraud and misrepresentation by plaintiff bank for obtaining and decree in question against her, as the same was passed on the basis of banking documents appended with plaint including finance agreement etc.---High Court declined to interfere in ex parte and decree, and Banking Court had rightly dismissed application for setting aside ex parte and decree filed by defendant and there was no illegality or perversity in the order and the same was passed in accordance with law---Appeal was dismissed in circumstances. 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 ref. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE---.--- Through the instant Appeal, filed under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the "Ordinance"), the Appellant seeks setting aside of order dated 14.03.2018, passed by the Banking Court, Sargodha (the "Banking Court") whereby his application for setting aside ex parte judgment and decree was dismissed. 2. Learned counsel for the Appellant inter alia submitted that the Banking Court has not taken into consideration the true facts…

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