Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S.12(2)---Judgment/decree/order, setting aside of---Fraud or misrepresentation, plea of---Duty of applicant---In order to attract S.12(2), C.P.C., burden heavily lay on applicant to establish from his own affidavit that /decree/order had been obtained by fraud or misrepresentation. (b) Civil Procedure Code (V of 1908)--- ----S.12(2) & O.VI, R.4---Judgment/decree/order, setting aside of---Party alleging fraud and misrepresentation, must give full particulars thereof and not on basis of mere surmises, conjectures and suspicion. Dadabhoy Cement Industries v. N.D.F.C. 2002 CLC 166 and 2002 SCMR 1761 rel. (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S.17---Civil Procedure Code (V of 1908), S.12(2)---Decree, setting aside of---Plea of applicant was that he had not executed letter of guarantee---Validity---All Directors of borrower-company were members of the same family--¬Applicant had denied his signatures on letter of guarantee executed on a date, when he was one of the Directors of borrower-company---Other Directors had admitted their signatures on similar letter of guarantee on the same date--¬If any Director of borrower-company had forged signatures of applicant on letter of guarantee, then fraud had not been practised in the proceedings of suit for obtaining /decree---High Court dismissed application under S.12(2), C.P.C. Begum Anwari Khanum Shaikh v. Messrs Passcon (Pvt.) Ltd. 1993 MLD 1557 and Rehmatullah v. Ali Muhammad 1983 SCMR 1064 rel. (d) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss.9(5) & 10(2)---Service of summons by publication in newspaper---Validity---Such service was as good as personal service except in exceptional cases, where party could establish that in spite of publication of notice in newspaper,' service could, not be held good against him as for example, on the date when notices were published in newspaper, he was not residing in Pakistan. Pakistan Insurance Corporation v. Grindlays Bank Ltd. 1987 CLC 2164 and Ahmed Autos v. Allied Bank of Pakistan Ltd. PLD 1990 SC 497 rel. (e) Financial Institutions (Recovery of…

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