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SARWAT SAEED versus ABDUL RAZZAK BAJWA


A. XXXVII, Rr 2, 3 and Section 12 (2) Application for leave to defend against fraud for recovery of debt and leave to defend case by decree relating to fraud and misrepresentation. Applied for, which was rejected by the trial court and the High. The defendant is instructed to submit a cash guarantee / bank guarantee or equivalent amount of guarantee within a month's time. Defendants failed to comply with the High Court's direction and refrained from attending the trial and trial proceedings. The court ordered the prior affidavit to be forwarded, while the earlier evidence was filed with the relevant documents by the plaintiff and accordingly the case was sent in favor of the plaintiff, who, under section 12 (2) The final plaintiff had received a preliminary request, be disturbed on the basis of fraud and misrepresentation of facts, saying that the application was dismissed. Section 12 (2), CPC was also outside the scope of a similar case. But there was no fraud or misrepresentation of facts in the pursuit of judgment. The order can not interfere with a restraining order using the High Court's jurisdiction

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