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PAKISTAN KUWAIT INVESTMENT COMPANY (PVT.) LTD. versus BANK AL-FALAH LIMITED


Sections 12, 15, 21 and 27 of the Civil Procedure Code (v. 1908), section 12 (2) of the bank loan recovery section under section 12 (2), CPC, to set aside such decree. Applicant retains the claimant's claim to be the lender. It was requested that in the absence of this, the order could not be obtained. Banking court dismissed such application. , Progress, recovery of credit and financial matters) Act cannot be questioned. , 1997 was a special constitution that provides remedies to the parties concerned, including the right to appeal under section 21 and the application in the nature of s: 12 and when it guarantees banking companies (loans, advances, credit and finance). The Act, 1997 itself took into account the various circumstances, thus, the application under common law, namely, Section 12 (2), CPC, would not be permissible. y Neither of the amount owed is required nor is it necessary to know about the requirements of the decree and to mention that the debtor owed some money to another bank (applicant). Neither the fraud nor the hidden facts were properly dismissed by the Banking Court under Section 12. (2), the CPC, the High Court dismissed the appeal on the merit of being unable to maintain eligibility costs as well.

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