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MONAZAM BIBI versus ZARI TARAQIATI BANK LTD. THROUGH BRANCH MANAGER


Section 12 ex parte decree, putting aside the wrong service of the summons banking court, after publication in the press the former parties were issued against the defendants and after the bank dismissed the case in favor of the defendants, separating the ex parte decree An application was filed for, but was dismissed by the banking court. It was raised by the defendants that they were not properly presented with the court proceedings. The defendants were not the original borrower, borrower or mortgage, but the borrower's heirs / legal representatives. As such, they will be presented with alternatives. Their service should have been legally effective through any method known to the law, the defendants were not personally represented and their services were defective by alternative means. As the Defendants / Heritage of the Defendant Loan was granted without proper service and they were illegally ineligible, the Banking Court passed the previously deferred lender, dismissing their request to set aside the previous order. Without the proper service of the defendants / heirs, a partially invalid decree was granted and they were requested But the appeal had been placed Banking Court was offered by a previous order and the case was sent to court for trial decision according to banking law. In the circumstances it was allowed

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