Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 12---Ex parte decree, setting aside of---Plea of defendant was that he had left his city residence address of which was available with Bank; that lie was not served with summons at his village residence; that none of the newspapers in English and Urdu were being delivered at his village; that bailiff in his report stated on oath that he had gone to city address given by Bank, where he could not find defendant as some one else was residing there---Validity---Bailiff in his report had specifically stated that no person of name of defendant was residing at address given by Bank---Bank had not challenged defendant's statement on oath regarding non-delivery of such newspapers at his village---Bank had not examined any person from Newspaper Agency to state that such newspapers did reach or were being delivered at defendant's village---Court had not received acknowledgement due receipt of registered post---Defendant could not be presumed to have been duly served with summons in case of non-delivery of newspapers at his village or non-receipt thereof by him at his residence in village-Parties should be given due opportunity to defend lis and put up their case before court and decree be passed on merits---If claim of Bank was genuine and based on valid documents, then they would ultimately be entitled to decree even if defendant was given chance to apply for leave to defend suit---Ex parte decree was set aside in circumstances. Neel Keshav, Advocate Supreme Court, Suleman Habibullah, Advocate-on-Record for Petitioner. Nadeem Akhtar, Advocate Supreme Court and A. Aziz Khan, Advocate-on-Record for Respondent. Date of hearing: 4th January, 2007. JUDGMENT HAMID ALI MIRZA, J.---These two civil petitions for leave to appeal are directed against order dated 22-3-2006 in Ist Appeal No. 15 of 2006 and dated 5-4-2006 in Ist Appeal No. 46 of 2004 respectively passed by learned Division Bench of the High Court of Sindh, Karachi, whereby both appeals were dismissed, hence these petitions for leave to appeal. 2. Brief facts of the case are that Civil Petition No. 139-K of 2006 has arisen out of order…

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