ASIF MUNAWAR vs BANK ISLAMI PAKISTAN formerly CITI BANK Ss — 2024 CLD 126 KARACHI-HIGH-COURT-SINDH

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ASIF MUNAWAR VS BANK ISLAMI PAKISTAN formerly CITI BANK Ss. 9, 19 & 22--- Civil Procedure Code (V of 1908), S. 12 (2)---Execution of decree--- Sale through Court--- Fraud and mis- representation, plea of--- Appellant/intervener to execution proceedings sought setting aside of judgment and decree by filing application under S. 12(2), C.P.C., but Trial Court dismissed the application---Validity---If fraud was alleged in application filed under S. 12(2), C.P.C., its necessary ingredients must be pleaded, so as to subsequently prove the same---General and bald allegations of fraud and misrepresentation could not form basis to upset a decree, validly passed by a court of competent jurisdiction---Appellant was required to prove that fraud and misrepresentation was done during proceedings in Court; that alleged fraud was due to false statement and concealment of facts and that judgment and decree was collusively obtained on the basis of forged documents, which in the present case were missing---Active concealment and suppression of facts in words and deeds was essential ingredient of fraud, which could not be inferred by mere assertion, rather it was to be proved through strong, independent, clear and convincing evidence and burden was heavier in the cases in which a decree or judgment had been passed by Court of competent jurisdiction under which valuable rights were accrued in favour of opposite-party---Without bringing essential facts on record and evidence in proof of fraud, plea of ignorance and lack of knowledge simpliciter was not sufficient to constitute fraud and dislodge sanctity attached with official acts and judicial proceedings---It was not incumbent on Court to frame issues on every application filed under S. 12(2), C.P.C., especially when particulars of fraud and misrepresentation were missing but it depended upon facts and circumstances of each case---During execution proceedings subject property was auctioned and auction purchaser, pursuant to the directions of Court, deposited entire sale consideration---Right and interest of auction purchaser was created irrespective of the fact that order of confirmation for sale had been passed or not, such right of auction purchaser could not be taken away, as sanctity was attached to judicial sale---High Court declined to interfere in order passed by Banking Court as there was no illegality and/or infirmity in the order---Appeal was dismissed, in circumstances. Citation Name: 2024 CLD 126 KARACHI-HIGH-COURT-SINDH ASIF MUNAWAR VS BANK ISLAMI PAKISTAN formerly CITI BANK Heading/caption of an application filed before the Court---Scope---Heading/caption does not matter and it is only the content of the application, which has to be considered by Court.

ASIF MUNAWAR vs BANK ISLAMI PAKISTAN formerly CITI BANK Ss — 2024 CLD 126 KARACHI-HIGH-COURT-SINDH

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