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ARK GARMENTS INDUSTRY (PVT.) LTD. versus NATIONAL BANK OF PAKISTAN


Section 9 Civil Procedure Code (v. 1908), Section 12 (2) Suit for Recovery of Finance, Approval of the Respondent's Request Under Sec 12 (2), Ex parte Decree in favor of the Bank, Based on CPC To put such an order aside. The plaintiff's request for fraud was that the bank had obtained a decree by hiding the agreement reached between the parties, which was executed in which the integrity bank did not refuse to comply. Is still intact and withdrawn the public notice supporting the bank. The mortgaged property bank was issued for sale as a party to such agreement and the beneficiary was aware of its implementation and tolerance at the time of filing such suit. The bank had filed a case without disclosing such agreement and had not brought it to the notice of the court before the approval of the unidentified decree, but kept pressing the matter as if the deal did not result in the bank's actions. Disclosure of material facts / documents, misrepresentation, and fraudulent means by the bank and defendant with the defendant The High Court, through the High Court, accepted such an application while setting aside the uncontested order, while the defendants were instructed to file a leave petition within a timely manner. \ R \ n \ r \ n

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