Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (LXVI of 2001)-------S. 9---Civil Procedure Code (V of 1908), O. XII, R.6---Recovery of bank loan---Judgment on admission---Principle---Banking Court granted leave to defend the suit and framed issues---Plaintiff sought passing of under O.XII, R.6 C.P.C. on the ground that defendant had allegedly made admissions with regard to claim of plaintiff---Validity---Issues were framed with regard to liability to pay under guarantees and circumstances under which guarantees had been executed it could not be said that it was a case of admission and the case could not be decided on the decision of two issues referred by plaintiff---Dispute between the parties could not be decided without first resorting to leading of evidence on all issues including those two which were subject-matter of application under O.XII, R.6, C.P.C.---Application was dismissed in circumstances. Macdonald Layton and Company Pakistan Ltd. v. Uzin Export-Import Foreign Trade Co. 1996 SCMR 696; Mian Tajammul Hussain and 3 others v. State Life Insurance Corporation of Pakistan 1993 SCMR 1137; G.R. Syed v. Muhammad Afzal 2007 SCMR 433 and State Life Insurance Corporation of Pakistan v. Wali Muhammad Akbarji and others 1985 CLC 2865 distinguished. Izzat Khan and another v. Ramzan Khan and others 1993 MLD 1287; Muhammad Zaki and another v. Muhammad Taqi PLD 1995 Kar. 416 and Gerry's International (Pvt.) Limited through Managing Director v. Qatar Airways through Area Manager PLD 2003 Kar. 253 rel. ORDER SALMAN HAMID, J.---C.M.A. listed at serial number 1 was dismissed as not pressed on 13-5-2011. Still office has wrongly fixed it for hearing. Explanation be filed within seven days from the date of announcement of the order passed on C.M.A. listed at serial number 2. C.M.A. 3014 of 2004: Leave was granted to the defendant on 26-5-2003 when this Court came to the conclusion, after hearing lengthy arguments of either side for dates together that intricate questions of facts and law raised in the application for leave to defend in the suit that require thorough examination by way of recording of evidence which at the stage of leave was not possible and,…

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