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Banking Companies (Recovery of Loans) Ordinance (XIX of 1979) --Ss. 6 & 12 Civil Procedure Code (V of 1908), O. XXXVII, Rr. 2(2) & 3 Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.5 Suit for recovery of loan amount Defendants failed to appear and file application for leave to appear and defend suit under O.XXXVII, R.3, C.P.C. Bank upon direction of Court produced original documents including statement of accounts, which were exhibited Banking Court found that defendant had availed loan facility and executed documents, but dismissed the suit on the basis of statement of accounts Validity Bank in absence of defendant's application for leave to appear and defend suit was straightaway entitled to decree in view of provisions of 0.11, R. 2(2), C.P.C., and there was no need to call upon Bank to produce original documents ¬Incorrect statement of accounts would not entail dismissal of suit straightaway Documents on record and statement of accounts did show that defendant had availed financial facility and had not repaid same, thus, Bank was entitled to recover outstanding amount from him, more so when defendants had opted to remain absent and had not deemed proper to place their view point before Court ¬Banking Court had non suited Bank on extraneous consideration in complete oblivion of the documents available on record Some unauthorized and questionable entries were found in statement of accounts High Court accepted the appeal, set aside impugned / decree and remanded the case to Banking Court constituted under S.5 of Financial Institutions (Recovery of .Finances) Ordinance, 2001 for its decision afresh after taking into consideration documents on record, statement of accounts and hearing the parties in accordance with law. JUDGMENT MAIN HAMID FAROOQ, J. Agricultural Development Bank, the appellant/ plaintiff, through the filing of the present appeal under section 12 of Banking Companies (Recovery of Loans) Ordinance, 1979, has called in question judgment and decree, dated 28 5 1994, whereby the learned Special Judge Banking Court, dismissed suit for recovery of Rs.248,536, filed by the appellant. 2. Facts leading to the filing of…

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