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HABIB BANK LIMITED versus AZAM MAJEED


Section 9 and 29 Civil Procedure Code (v. 1908), Sections 13 and 14 of the Limitation Act (IX of 1908), Article 117 The plaintiff's bank which has a branch office for collection of bank loans under foreign judgment and decree. The foreign country was established and registered under the laws of Pakistan. The plaintiff was in the jurisdiction of the guarantor banking court. The client and banker relationship between the parties was present as the defendants are guaranteed bank loan through its branch office in a foreign country. The contested case in a foreign court, which gave him an opportunity to defend himself through a lawyer, was first instituted by a foreign court comprising three judges on 26 11 2002, after a fair trial and by the parties. After scrutinizing all the relevant documents and evidence, the judgment / order was passed against the defendant and it was found that after the hearing, a foreign appellate court consisting of six judges declared him liable for payment of suit money. The defendant dismissed his appeal on 28 11 2004, after which no further appeal was filed. The bank had previously submitted certified copies of the decisions and orders of the foreign court of the verdict and nothing was available on record with the translation by the foreign appellate court. This order came under any of the exceptions referred to in Article 13, CPC, in order to retain the present case against the order (guarantors) to be final and binding on such foreign judgment / defendant. Provide action and grounds to the bank. Initial foreign court decision / order was merged to become a foreign judgment in the Foreign Appellate Order

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