Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9(5) & 12---Ex parte decree against principal debtor and guarantor---Guarantor's application for setting aside such decree on ground that he was not served with summons in suit; that he came to know about decree after his arrest in its execution; and that newspapers had no circulation in his area---Validity---Report in respect of summons issued through registered post and Divisional Police Officer were not available on record---Service of summons was effected upon defendants through publication in two newspapers available on record-As service was duly effected on defendants through publication, therefore, no further notice was required to be issued to them---Guarantor had not denied his address finding mention in plaint---Reports of process serving agencies on notices and warrants issued in execution proceedings showed avoidance of service by defendants---Ex parte decree was passed on 12-4-2008, whereas guarantor filed such application on 28-4-2009 after his arrest on 24-7-2009 in its execution---Guarantor had failed to appear before court' at relevant time after his service through publication-As per his admission, guarantor got knowledge of decree on 24-7-2009, when he was arrested---Guarantor had filed such application after 21 days of his arrest without giving any reason or explanation for such delay---Avoidance of service of process of court by defendants showed mala fides on their part---Nothing on record to show that Bank had committed fraud with guarantor---Guarantor had failed to approach court within provided period and establish that he was not properly served---Such application was dismissed in circumstances. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.---Instant appeal has been filed by the appellant Muhammad Ali, feeling aggrieved of the order dated 7-9-2009 of Banking Court, Balochistan, Quetta, whereby his application for setting aside of ex parte judgment dated 12-4-2008, was rejected. It is contention of the appellant, that no notice was served upon him in respect of institution of the suit filed by the respondent No.1/National Bank of Pakistan. Further, the…

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