Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss. 12, 9(5) & 22 Ex prate decree, setting aside of Plea of appellant defendant was that neither she was served nor did she file application for leave to defend nor did she appoint any counsel to represent her Banking Court dismissed her application on the ground that application seeking leave to appear and defend filed by other defendants had stated that same was on behalf of the defendant Validity Appellant had not filed any application seeking leave to appear and defend nor had she engaged any counsel to represent her Signature of the appellant did not appear either on leave application or on affidavit in support thereof Record showed that no summons had been issued to the appellant Service through registered post had not been effected on appellant as postal endorsement showed that she was not residing at the given address Contention of respondent Bank that service on two defendants i.e. the Company and its Managing Director, constituted proper service on appellant defendant, was wholly devoid of merit as appellant had been sued in her capacity of guarantor High Court set aside impugned order and allowed the application for setting aside of ex parte decree to the extent of appellant, who would be entitled to file leave application within 10 days, which would be decided by Banking Court in accordance with the provisions of Ordinance, 2001. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S. 9(5) Issuance of summons to defendant Prescribed modes of service Duty of Banking Court to issue process in each .of the four modes of service prescribed under the Ordinance. JUDGMENT JAWWAD S. KHAWAJA, J. This appeal impugns the order dated 5 4 2002, whereby the learned Banking Court IV, Lahore, dismissed an application filed by the appellant to seek setting aside of the decree dated 15 11 2001 passed against her. The appeal was admitted to regular hearing on the basis of the following admitting order: "Learned counsel for the appellant, who was defendant No.4 before the learned Banking Court, contends that a decree dated 15 11 2001 was passed against the appellant…

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