Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 12(2)---Judgment, setting aside of---Principle---Judgment and decree of a court can only be assailed before that court, when aggrieved party seeks to have it set aside on the ground that either the party was not served or that the same was obtained through misrepresentation, fraud etc. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Judgment, setting aside of---Forum---First appeal was allowed by High Court and and decree passed by Banking Court was varied by enhancing the claim of bank along with cost of funds by way of sale of mortgaged properties of defendants---On application under S. 12(2), C.P.C., filed by defendants, Banking Court set aside the passed by High Court in favour of bank---Validity---Judgment and decree passed by High Court attained finality and that of Banking Court merged therein, therefore, proper forum for assailing such decree was High Court and not Banking Court---Judgment and decree passed by High Court in exercise of appellate jurisdiction was set aside and if defendant would file application under S.12(2), C.P.C. the same was to be decided by High Court---Appeal was allowed accordingly. Nafis Ahmed Siddiqui, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for Petitioner. Khalique Ahmad, Advocate Supreme Court and A.S.K. Ghori, Advocate-on-Record for Respondent No. 2. Nemo for Respondents Nos. 1 and 3. Date of hearing: 23rd February, 2011. JUDGMENT SARMAD JALAL OSMANY, J.---We have heard both the learned Advocates Supreme Court. The controversy in the matter is of a technical nature i.e., whether in order to have the judgment and decree dated 20-2-2008 passed by the learned High Court in First Appeal No.D-39 of 2007 set aside, the respondents should have approached that court itself or the learned Banking Court. 2. Mr. Nafis Ahmad Siddiqui, learned Counsel for the petitioner has stated that per settled law where a party seeks to set aside a judgment and decree passed by any Court, only that particular Court can be approached and not any other Court. Consequently, the impugned judgment passed by the Learned High Court in First Appeal No.42 of 2009 upholding the order passed…

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