Law:

Section:

(a) Banking Tribunals Ordinance (LVIII of I984)-------Ss.6 & 9---Contract Act (IX of 1872), Ss.73 & 74-Suit for recovery of loan amount and liquidated damages---Claire for liquidated damages was solely based on the terms of the loan agreement executed between the parties---No assertion had been made in the plaint about the nature of losses or actual damages suffered by the Bank due to non-fullfilment of obligation by the borrower or violation of the terms of the loan agreement executed by the borrower in favour of the Bank---Effect---Whole claim of the Bank regarding liquidated damages against the borrower was based on the breach of the terms of loan agreement and no other particulars or actual losses or damages had been unfolded in the plaint---Party could not be permitted to lead evidence beyond its pleadings and even if some evidence was recorded beyond the pleadings or contrary to the pleadings same could not he looked into or considered for granting relief---Non-awarding of claim of liquidated damages, which was solely based on the breach of terms of loan agreement was fully justified in circumstances---Principles. Messrs Khanzada Muhammad Abdul Haq Khan Khattak & Co. v. WAPDA through Chairman WAPDA and another 1991 SCMR 1436; Messrs H1TEC Metal Plast (Pvt.) Ltd. v. Habib Bank Limited PLD 1997 Quetta 87; Saudi Pak Industrial and Commercial Investment Company (Pvt.) Ltd. v. Allied Bank Limited 2003 CLD 596; 1987 CLC 158; 1998 CLC 1017 and Habib Bank Ltd. v. Farooq Compost Fertilizer Corporation Ltd. and 4 others 1993 MLD 1571 ref. (b) Pleadings---- ----Party could not be permitted to lead evidence beyond its pleadings and even if some evidence was recorded beyond the pleadings or contrary to the pleadings, same could not be looked into for granting relief. ORDER ANWAR ZAHEER JAMALI, J.-This first appeal under section 9 of the Banking Tribunals Ordinance, 1984 is directed against the judgment and decree dated 14-12-1991 passed by the Chairman, Banking Tribunal for Sindh and Balochistan at Karachi in Suit No.696 of 1991, whereby the suit of the appellant-Bank was decreed to the extent of Rs.24,90,033 with costs and future mark-up from the date of…

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