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Haji ABDUR RASHID ARIF vs BANK OF KHYBER Ss — 2021 CLD 1224 PESHAWAR-HIGH-COURT

Case information

Citation
2021 CLD 1224 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
CLD
Parties
Haji ABDUR RASHID ARIF vs BANK OF KHYBER Ss
Subject matter
Civil
Provisions referred to
Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Haji ABDUR RASHID ARIF VS BANK OF KHYBER Ss. 7, 9 & 22---Civil Procedure Code (V of 1908) O. VII R. 11---Procedure of Banking Court---Suit for recovery---Rejection of plaint by Banking Court---Estoppel---Scope---Plaintiff customer's suit against defendant Bank was rejected by Banking Court under provisions of O. VII, R. 11, C.P.C.---Validity---Through said suit, plaintiff only attempted to reopen a previous case, where suit for recovery had been filed by Bank against the present plaintiff, in which he actively participated and which culminated in issuance of sales certificate for mortgaged property in his name, and such order of Banking Court was never challenged by plaintiff in appeal---Plaintiff, therefore was estopped by his conduct from instituting a recovery suit against defendant Bank and plaint was therefore rightly rejected by Banking Court under O. VII, R. 11, C.P.C.---Appeal was dismissed, in circumstances.

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