Law:

Section:

(a) Contract Act (IX of 1872)-------S.17---Fraud vitiates the most solemn proceedings. (b) Jurisdiction- ---- Order passed without jurisdiction is nullity. (c) Banking Tribunals Ordinance (LVIII of 1984)--- ----S.5---Civil Procedure Code (V of 1908), S.12(2)---Banking Tribunal--­Jurisdiction---Scope---Banking Tribunal shall have, in exercise of its jurisdiction all those powers which are vested in Civil Court and shall follow procedure laid down in Civil Procedure Code, 1908---Banking Tribunal's jurisdiction thus, extends to recalling order, or decree tainted with fraud, misrepresentation and lack of jurisdiction. (d) Contract Act (IX of 1872)--- ----Ss. 16 & 17---Civil Procedure Code (V of 1908), S.12(2)---Facts constituting misrepresentation and fraud---Mere psychological pressure, even if conceded, would not qualify to be either misrepresentation or fraud. (e) Jurisdiction--- ---- Consent of parties would not confer jurisdiction where it did not in law exist. Z.U. ORDER A suit for recovery was instituted by the respondent-bank against the appellants before Banking Tribunal No.II at Karachi and such came to be decreed by consent, according to the appellants, before the first date of hearing for which summons were issued. Subsequently, during the course of execution proceedings, the appellants-defendants applied for recall of the decree under section 12(2), C.P.C. The grounds in support of the allegations of fraud, misrepresentation and want of jurisdiction appear to have been set out in paragraphs 4 to 7 in the supporting affidavit of the application which, in extenso, are as under:-- "4. Inasmuch as plaintiffs, decree-holders were conscious of the infirmities and lacunas of their case, on one hand and irksome and dilatory process of litigation on the other hand as such they were naturally perturbed about its success strictly on merits at an early date. They, therefore, resorted to the lowly gimmick, and hurled inter alia, insolvency proceedings and blackmailing threats, to get the splash news published in leading daily newspapers of the city in -particular and of country in general, regarding the stringent financial position, isolvency and filing of the…

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