Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 7(2) & 9(1) --Civil Procedure Code (V of 1908), O.I, R.10 & O.II, R.6---Suit against Bank by customer---Necessary parties---Plea of the defendants (employees of Bank) that they had been added unnecessarily in the proceedings as they could not be joined as defendants in Banking suit and that they be deleted from the array of defendants and matter might be proceeded against the Banking Company/Financial Institution---Plaint(ff asserted that there was no bar of joinder of other parties apart from the Financial Institution and the customer---Validity---Suit had been filed under Financial Institutions (Recovery of Finances) Ordinance, 2001, which provided a procedure under S.9 of the Ordinance--Provisions of Civil Procedure Code, 1908 were applicable in Banking suit where Ordinance was silent---Section 9 of the Ordinance provided procedure and joinder of defendants was in violation of provision of S.9(1) of the Ordinance, presence of defendants/employees of the Bank, in the proceedings was unnecessary---High Court directed office to delete the names of defendants from the array of defendants with RED INK. ORDER MUHAMMAD TASNIM, J.--- This contempt application shall be heard and decided along with main suit. 2. With the assistance of learned counsel for the parties, following issues are framed:-- (1) Whether the suit is maintainable in its present form? (2) Whether the defendants charged the mark-up as offered by them? (3) Whether the defendants behaved responsibly as per the good banking practices as enumerated in various regulations issued by State Bank of Pakistan from time to time? (4) Whether the defendants are justified in encashment of the plaintiffs valuable securities for the meagre disputed amount? (5) Whether loss occurred to the plaintiff due to early and abrupt encashment of securities? (6) Whether the cause of action against other defendants in the same as against the defendant No.1 hence this honourable Court has jurisdiction to try any party concerned with the same cause of action? (7) Whether the defendants Nos.2 and 3 are necessary parties to properly adjudicate…

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