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ZAHOOR AHMED vs AL-ZAMIN LEASING MODARABA S — 2024 CLD 1344 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLD 1344 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLD
Parties
ZAHOOR AHMED vs AL-ZAMIN LEASING MODARABA S
Subject matter
Civil
Provisions referred to
S. 19---C; S. 12; 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

ZAHOOR AHMED VS AL-ZAMIN LEASING MODARABA S. 19---Civil Procedure Code (V of 1908), S. 12(2), O.XXI, Rr. 58 & 60---Execution of decree---Setting aside of judgment---Forged document---Proof---Non-recording of evidence---Effect---Appellants claimed to be owners of mortgaged property on the basis of registered sub-leases of plot in question---Banking Court dismissed application under S. 12(2), C.P.C. and maintained judgment in question---Validity---There were only words against words; it was only in response to S.12(2), C.P.C. application that Banking Court found that the instruments were not genuine and fake---Thus required trial, more particularly when registered instruments were obtained and/or executed much before equitable and registered mortgage of year 2003---Sub-leases of appellants were registered in the year 1998 and application under S. 12(2), C.P.C., could not have been dismissed summarily via order under appeal---Division Bench of High Court set aside order in question and remanded the case to Banking Court to allow parties who might record their respective evidence, if they so desired---Appeal was allowed accordingly.

Other judgments reported in 2024 CLD

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