SECTION 12(2) CPC

 

THE BANKING COURT NO. I AT KARACHI

 

MISC. APPLICATION  NO.                        /2009

 

IN

SUIT NO.      /08

EX. NO.          /08

 

 

SME BANK LTD.                 --------              DECREE HOLDER

 

VS

 

ABC  AND

ANOTHER                             ---------             J/DS/APPLICANT

 

 

 

 

APPLICATION UNDER SECTION 12 OF FINANCIAL INSTITUTION RECOVERY OF LOANS ORDINANCE R/W

SECTION 12(2) CPC

 

 

            For the reasons disclosed in the accompanying affidavit, it is prayed  on behalf of the J/Ds/Applicants that this Hon’ble Court may be pleased to set aside the judgment and decree passed in the above matter as the same have been obtained by the Decree Holder by misrepresentation of facts and playing fraud upon this Hon’ble Court.

 

            Prayer is made in the interest of justice.

 

 

Karachi.

Dated:                        2.20    ADVOCATE FOR J/DS/APPLICANTS

 

THE BANKING COURT NO. I AT KARACHI

 

MISC. APPLICATION  NO.                        /2009

 

IN

SUIT NO.     /08

EX. NO.          /08

 

 

SME BANK LTD.                 --------              DECREE HOLDER

 

VS

 

ABC AND

ANOTHER                             ---------             J/DS/APPLICANT

 

 

 

AFFIDAVIT

 

I, ……………. son of ……………………., Muslim, adult, resident of Karachi, do hereby state on oath as under:-

 

1.           That I Applicant No.1 and am fully conversant with the facts of the above case.

 

2.           That the accompanying application under Section 12  of the Financial Institutions (Recovery of Loans) Ordinance, has been drafted under my instructions and its contents may be treated as part of this affidavit.

3.           That the above suit was filed by the Decree Holder against the Applicants. It is submitted that the applicants never received any notice of the above proceedings and they had no knowledge about the pendency of the above suit. It is submitted that even no copy of the above suit or any annexure was received by the Applicants from this Hon’ble Court.

 

4.           That  the Applicants came to know about the above matter when the process of Execution was issued by this Hon’ble Court and a bailiff came to the Applicants and handed over a notice of the Execution No.64/08.

 

5.           That soon after receiving the notice of this Hon’ble Court  I appeared before this Hon’ble Court and came to know that the judgment and decree have already been passed in the above matter against the Applicants.

 

6.           That it appears that the judgment and decree have been obtained by the Decree Holder by misrepresenting facts and playing fraud upon this Honble Court  keeping the Applicants in dark with malafide intention and ulterior motives.

 

7.           That I am advised to state which advice I verily believe to be true that law lens adjudication on merits and mere technicalities should be avoided. In the present case no notice  was received by the Applicants and they had no knowledge about the above proceedings and they were condemned unheard and the judgment and decree was passed behind their back which is liable to be set aside.

 

8.           That   the Applicants should have been heard and  after giving full opportunity of hearing, then this Hon’ble Court may pass any appropriate order keeping in view the facts and circumstances and the view  point of the Applicants and their defence.

 

9.           That serious prejudice has been caused to the Applicants as their rights have been ignored and the judgment and decree have been passed against them.

 

10.       That it will be in the interest of justice, equity and good conscience that the judgment and the decree may be set aside and the applicants may be afforded an opportunity of hearing and placing their defence.

 

11.       That unless the accompanying application is granted, the Applicnats shall be seriously prejudice and will  suffer irreparable loss.

 

12.        Whatever is stated above is true and correct to the best of my knowledge and belief.

 

 

Karachi.

Dated:       .2.20                                         DEPONENT

 

 

          The deponent is identified by me.

 

 

 

                                                                             ADVOCATE