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HABIB BANK LIMITED versus AZAM MAJEED


Section 13 and 14 of the Limitation Act (IX of 1908), Article 117 Financial Institutions (Restoration of Finance) Ordinance (XLVI of 2001), Sections 9 and 29 of foreign judgment and recovery of bank loan with interest on the basis of the plaintiff's bankruptcy. The case for a branch office was established in a foreign country and it was registered under the laws of Pakistan. The defendants were living under the jurisdiction of the Banking Bank. The client and banker relationship between the parties exists because the defendant is guaranteed for a bank loan from his branch office in a foreign country, which was reasonably worked in a foreign court, which made him a lawyer. The source provided an opportunity to defend himself, for example in the first instance on 26-11 2002, after a fair trial by a three-judge court and scrutiny of all relevant documents and evidence presented / decided against the defendant. The decree was approved. By the parties and it was found responsible for the payment of the suit amount, the defendants dismissed their appeal on 28 11 2004 in the presence of 6 11 judges, after which the further appeal was made. Not filed was the first time the bank submitted decisions and orders approved by a foreign court and nothing was available with its translation by the foreign appellate court. To show that any of the exceptions referred to in Section 13, CPC, the foreign judgment / decree has been reduced and that such foreign judgment / decree shall be final binding and binding on the defendant. Defendant (s) will take action and maintain the bank to retain the existing judgment against the judgment / ruling.

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