Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.9 & 22---Suit for recovery of loan---Dismissal of suit---Suit having been dismissed for non-prosecution, plaintiff filed application for restoration of suit, but said application was disallowed and plaintiff had filed appeal against the dismissal order---Date on which suit was dismissed being not the date of hearing, suit could not have been dismissed---Possibility of noting a wrong date as claimed by plaintiff could not be ruled out---If the Court wanted to non-suit: plaintiff; it should have made some inquiry and at least plaintiff or clerk of counsel of plaintiff who was informed about the date, should have been examined---Negligence though being on the part of plaintiff, suit was restored with costs---Suit would be deemed pending for retrial at the stage when it was dismissed. JUDGMENT MIAN SAQIB NISAR, J.---The appellant brought a suit: for recovery against the respondent, in which the respondent filed an application for leave to appear and defend. The said application was fixed for hearing on 31-3-1998, and on the said date the representative of the plaintiff appeared before the Court and the case was adjourned to 28-5-1998. However, he erroneously informed the date as 28-6-1998 to the counsel and it was, therefore, wrongly incorporated in the record of the lawyer. Therefore, as none appeared on behalf of the appellant before the trial Court on the said date, the suit was dismissed. The appellant moved an application for restoration of the suit, which…

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