Law:

Section:

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, (XV of 1997)----------S. 17---Negotiable Instruments Act (XXVI of 1881), Ss.20 & 118---Blank and semi blank banking documents, signing of---Borrower neither denied his signatures on such documents nor execution thereof, but raised plea that he was made to sign them under undue influence---Validity---Borrower, in view of S.20 read with S.118 of Negotiable Instruments Act, 1881, was estopped to challenge legality, genuineness and enforce- ability of such documents---Such plea was repelled---Principles. Bank of Khyber v. Messrs Spencer Distribution Ltd. and 14 others 2003 CLD 1406; Muhammad Sharif v. Muhammad Hashim Paracha and another PLD 1987 Kar. 76; S.K. Abdul Aziz v. Mahmoodul Hassan and 3 others 1988 CLC 337; Haji Karim and another v. Zikar Abdullah 1973 SCMR 100; Allied Bank of Pakistan Ltd. v. Messrs Gujrat Friends Traders and others PLD 1988 Lah. 166; Messrs United Bank Limited v. President Bazm-e-Salat and another PLD 1986 Kar. 464; Bazm¬-e-Salat and others v. Messrs United Bank Limited PLD 1989 Kar. 150; Prudential Commercial Bank Ltd. v. Hydari Ghee Industries Ltd. and 9 others 1999 MLD 1964 and Messrs Bank of Oman Limited v. Messrs East Asia Trading Co. Ltd. and 4 others 1987 CLC 288 fol. (b) Pleadings--- ---Litigant could not be allowed to raise before Appellate/ Revisional Court altogether a new and different plea, which had not been raised before lower forums---Principles illustrated. Anwar Ali and others v. Manzoor Hussain and another 1996 SCMR 1770 and Amir Shah v. Ziarat Gul 1998 SCMR 593 rel. (c) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, (XV of 1997)--- ----S.9---Suit for mandatory injunction by borrower/customer against Banking Company---Maintainable. JUDGMENT MIAN HAMID FAROOQ, J.---Instant single judgment shall decide the present appeal (R.F.A. No.36 of 1998) and the connected appeal (R.F.A. No. 163 of 1998/cross-objection), as common questions of law and facts are involved in both the appeals and they have arisen out of one and the same judgment. 2. Both the appeals proceed against consolidated judgment dated 3-1-1998, whereby…

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