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MESSRS NAEEM ASSOCIATES, THROUGH PROPRIETOR versus ALLIED BANK OF PAKISTAN LIMITED THROUGH BRANCH MANAGER


Section 12 Civil Procedure Code (v. 1908), section 12 (2) decree, the defendant's non-service to the exclusion was guaranteed and he denied receipt of any summons so that judgment was pronounced against the borrower. Holiday was also refused to defend. The judgment was decided against the surety and also against the borrower, and the amount was disposed of against the borrower to the extent of the disputed amount, therefore, to the extent of the guarantor, the High Court also applied for the guarantee. 12. ()), The CPC and the Banking Court were instructed to make the same decision on the facts stated in it till the decision of the petition, the order against the applicant will remain suspended, the High Court further directed that if Section 12 (2) If applied under, the guarantees will be CPC. If successful, the decree will be against him and he will be entitled to file a fresh leave application as per the appeal allowed.

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