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IN THE COURT OF JUDGE BANKING COURT LAHORE

In re: The Vs

(Suit for Recovery)


APPLICATION UNDER SECTION 12 OF FINANCIAL INSTITUTIONS (RECOVERY OF FINANCES) ORDINANCE, 2001 AND UNDER SECTION 151 OF CPC ON BEHALF OF DEFENDANT NO. 10 TO 12

APPLICANT U/S 5 OF LIMITATION ACT FOR CONDO NATOR OF DELAY IF ANY IN THEFILLING OF THE ABOVE TITLED APPLICANT. Affidavit of _______________________

I, the above named dependent do hereby affirm and decree on oath as under:

1. That the Petitioner has filed the above titled application which is yet to be fixed. 2. That the respondent/decree holder obtained an ex-parte decree from this honorable court on _________. 3. That the applicant/defendant No. 10 to 12 received notice from the court for _________ and the applicant/defendants No. 10 to 12 appeared before the court on __________ when its come into the known are of the applicant/defendant No. 10 to 12 that ex-party decree dated _________ was obtained by the respondent/plaintiff bank has obtained an ex-parte decree by misrepresentation and fraud on the false reports for process serves. It is relevant to mention here that the witness shown

or the report are fake as those witness never lived on the given address on the report. Copy of affidavit of Mumoredan attached. 4. That the applicants/defendant No. 10 to 12 after appearing in court get record to the of service and it was transpired that report to the extend of defendant No. 10 is of . whereas the acknowledgment due was

received by some Sher Zaman instead of Ghulam Muhammad/dfedant No.11 but the defendant No.11 did not know said Sher Zaman. It is relevant to mention here no service in any manner was affected upon the applicants/defendant No. 10 to12. 5. That the applicant/defendant is filing the application legal by in time owing to the reason mentioned UBI SUPRA, the only cause for the absence of the petitioners have been mentioned in the aforesaid Para and the same was neither intentional nor deliberate or willful but the same was due to the above reason. The applicants/defendants No. 10 to 12 appeared without any delay and filed the titled application without causing any delay. 6. That in the above circumstance which was beyond the control of the applicant/defendant No. 10 to 12 it would be just to condone the delay if any for filing the above titled application in the interest justice equity any fair play. 7. That if the delay in the filing of the application is not condoned the applicant/defendants No. 10 to 12 would suffer irreparable loss and injury and his valuable rights shall be infringed. 8. That is always in the interest of justice equity and fair play that the matter in controversy between the parties should be resolved by giving them an adequate opportunity of being lreard on merits and findings of the court must be such as to ensure that the justice has no merely been administered but semms to have been done in its true letter and spite. deponent

VERIFICATION:

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