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ABDUL KARIM MOMNANI vs HABIB BANK LIMITED Ss — 2024 CLD 640 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLD 640 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLD
Parties
ABDUL KARIM MOMNANI vs HABIB BANK LIMITED Ss
Subject matter
Civil
Provisions referred to
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

ABDUL KARIM MOMNANI VS HABIB BANK LIMITED Ss.9 & 22---Civil Procedure Code (V of 1908), S.12 (2)---Suit for recovery of bank finance---Plea of fraud and misrepresentation---Private dispute---Entries in statement of accounts---Appellants / defendants assailed judgment and decree passed against them on the plea of fraud committed by branch manager who was their relative---Validity---Fraud must be shown under S. 12(2), C.P.C. by appellants / defendants to have been played upon the Court during the proceedings of the lis---Appellants / defendants relied on bank entries in account statements in their application under S. 12(2), C.P.C., which called for examination on merits, not fraud and misrepresentation---Private dispute between appellants / defendants and their relative, who happened to be the Branch Manager did not constitute fraud under S.12(2), C.P.C.---Judgment passed by Banking Court had already discussed the points raised by appellants / defendants against the Bank Manager and decided the suit against appellants / defendants; the same issues could not be agitated in application under S. 12(2), C.P.C. as grounds of fraud and misrepresentation---Grounds of appeal remained unsubstantiated, general, vague, and were not supported with any cogent prima facie evidence or material---Order passed by Banking Court on application under S. 12(2), C.P.C., was based on reasonable grounds available to Banking Court for such dismissal---High Court declined to interfere in order in question, as Banking Court did not err while passing judgment/decree/order against appellants / defendants and it was well-grounded, and no interference was required---Judgment, decree and orders passed by Banking Court did not suffer from any illegality or material irregularity---Appeal was dismissed, in circumstance.

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