A XXXVII, Rr 2, 3 and Section 12 (2) summary suit for recovery of money under section 12 (2), requesting CPC to set aside the judgment and order on the basis of fraud. Had filed an application for leave to defend the case. Because the trial court's order was not complied with by the defendant, with the instruction to present the bank guarantee to the defendant, the former proceedings were taken and the case dismissed. The application was filed under Section 12 (2), with the permission of the CPC and the judgment and decree passed by the trial court were set aside. The petition filed by the defendant under section 12 (2), the CPC was dealt with by the trial court without any summary inquiry into the matter, the effect was that the trial court should and should have framed the issue. The parties should have had an opportunity to guide their evidence and then record the parties' evidence, dismissing the application under section 12 (2), because there was no proper way. When the trial court adopted, it would be fair and fair to keep the contempt order case in court, however, after providing the opportunity to compile the case and present the evidence to the parties, under section 12 (2), CPC. The trial court remanded the decision.
Related judgments — Karachi High Court Sindh, 2011
