Law:

Section:

Financial Institution (Recovery of Finances) Ordinance (XLVI of 2001) S.9 Civil Procedure Code (V of 1908), S.12(2) & O. VII, R. 11 ¬Suit Maintainability Two suits earlier filed by defendants against plaintiff alongwith others having been decreed, plaintiff in his suit filed under S.9 of Financial Institution (Recovery of Finances) Ordinance, 2001 had challenged said decrees alleging that the decrees had been obtained fraudulently Plaintiff had also sought to restrain defendants from enforcing said decrees and also claimed damages Validity If decrees against plaintiff were obtained by defendants fraudulently, remedy available to plaintiff was to file application under S.12(2), C.P.C. before Court which had passed said decrees Provisions of S.12(2), C.P.C. had clearly prohibited filing of a separate suit to challenge validity of a , decree or order on ground of fraud, misrepresentation or want of jurisdiction Intention of Legislature in amending S.12, C.P.C. by adding subsection (2) was to provide a substitute for such a suit against , decree or order obtained by fraud Provisions of S.12(2), C.P.C. were applicable with full force to the case of plaintiff Imperative for plaintiff to establish that suits filed by defendants against him were based on malice and that decrees obtained therein were based on fraud Other prayers of plaintiff with regard to compensation etc. were dependent on determination of first prayer of plaintiff with respect to fraud and it could not sustain itself independently ¬Suit filed by plaintiff was barred by S.12(2), C.P.C. and plaint filed by him was liable to be rejected under Order VII, R.II, C.P.C. Bank of India v. Lakshmani Dass AIR 2000 SC 1172; Mst. Fareeda Begum v. Hafiz Muhammad Shamim 1997 CLC 343; Noor Muhammad v. Additional District Judge, Chakwal PLD 1994 Lah. 170; Peer Bukhsh v. The Chairman Allotment Committee PLD 1987 SC 145; Muhammad Yousaf v. Mst. Rafia Begum 2002 CLC 1996; Rahat Mehmood v. Tariq Rasheed PLD 1993 Kar. 648; Sardar Muhammad v. Chaudhry Muhammad Bashir 2000 CLC 1040; Ghazanfar Baig v. Muhammad Salam 2001 YLR 871; Khawaja Muhammad Naseem v. Shafiqur Rehman 1996 CLC 1460; Government of Sindh and another v.…

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