Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 10 & 18---Civil Procedure Code (V of 1908), S.11 & O. VII, R.11---Suit for damages and cancellation of loan documents prepared by Bank on basis of blank and fake documents---Documents alleged by borrower to be void were found authentic by Banking Court while decreeing earlier suit of Bank for recovery of loan amount-Non-filing of appeal by borrower against such decree---Validity---Bank at relevant time had authority to obtain signatures of borrower on blank documents---Signing of blank documents by borrower 20 years prior to enforcement of Financial Institutions (Recovery of Finances) Ordinance, 2001 would amount to his agreeing on implied terms authorizing Bank to fill in the date and amount at a later point of time---Plaint did not disclose a cause of action---Plea raised by borrower in his suit, if entertained, would nullify effect of such decree, which had become final against him---Borrower's suit was hit by principle of res judicata---Plaint in borrower's suit was rejected under O. VII, R. 11, C.P.C., in circumstances. Al-Rehman Chemicals v. Akhtar Asaleem Syed 2008 CLD 856; Naeem-ud-Din v. Allied Bank of Pakistan and 2 others 2006 CLD 484; ADBP and others v. Yar Muhammad .and others 2004 CLD 1084; State Bank of Pakistan v. Chiragh Son Engineering Ltd. and another 2000 YLR 1198; Commissioner of Income Tax/Wealth Tax Faisalabad Zone v. Messrs Shehzad & Co. Faisalabad 2006 PTD 2436 and Muhammad Mumtaz Masood and 2 others v. HBFC and 2 others 1994 SCMR 2287 ref. Messrs United Bank Ltd. v. President Bazm-e-Salat and another PLD 1986 Kar. 464; Messrs Bank of Oman Ltd. v. East Asia Trading Co. Ltd. and 4 others 1987 CLC 288; Habib Bank Ltd. v. Messrs Waheed Textile Mills Ltd. PLD 1989 Kar. 371; National Bank of Pakistan v. Messrs M. Ismail Thakur & Sons Ltd. and another 1988 CLC 700 and United Bank Ltd. v. Messrs Sartaj Industries through Qaisar Iqbal Managing Painter and 6 others PLD 1990 Lab. 99 rel. (b) Civil Procedure Code (V of 1908)--- ----S.11---Res juclicata, principle of---Scope---No suit by itself could be barred as res judicata, by only matters or…

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