Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-----S.12---Ex parte decree, setting aside of---Defendant alleged to be permanent resident of Village "H" as shown in NIC and voter list, not knowing English except putting his signatures, and not having knowledge about decree---Validity---Defendant while dealing with Bank gave address of Flat at place "K", on which summons in suit were issued to him through prescribed modes---Defendant, after alleged change of address had not informed Bank about his new address---Defendant in his application had not disclosed that in what capacity he was occupying Flat at place "K"; when did he vacate the Flat; who occupied Flat and in what capacity---In normal course of behaviour, if one shifts from premises in his occupation (whether rented or self-owned), particularly while facing disputes and litigation, he would inform new occupant of premises about his new address, so that important letters/notices may either be redirected to him on new address or at least his new address may be disclosed to the carrier---Defendant for having concealed all such material facts could not take benefit of his own casual attitude---Defendant in earlier appeal showed his address as mentioned in the title of suit---Firmness and fluency of defendant's signatures on his NIC and other documents executed in favour of Bank made his plea to be false that he could not read and write English---Held: No case was made out by defendant for getting the ex parte decree set aside. ORDER Mr. Nadeem Akhtar, Advocate has waived notice of this appeal on behalf of respondent and placed his appearance on their behalf. 1. Granted. This appeal under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, assails the order, dated 25-2-2006 passed by the Banking Court No.1, Karachi, whereby an application under section 12 of the Financial Institution (Recovery of Finances) Ordinance, 2001, moved by the appellant, for getting the ex parte judgment and decree passed by the Banking Court in Suit No.6/2004 set aside, was dismissed. 2. In his application before the Banking Court, case of the appellant was that he is permanently…

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