Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 7(4)---Civil Procedure Code (V of 1908) O. VII, R.11---Jurisdiction of Banking Court---Scope---Suit for damages against defendant-Bank based on allegations that plaintiff was illegally arrested by the defendant Bank and its employees---Contention of the plaintiff was that he had obtained a loan from the bank but was illegally arrested, and was, as a result, entitled for damages---Plaint was rejected by Trial Court on the ground that as per S.7 of the Financial Institutions (Recovery of Finances) Ordinance 2001, civil court lacked jurisdiction---Validity---Present suit was not with regard to financial liability but was for damages under allegations that plaintiff had been illegally arrested, was sent to jail and suffered loss of reputation, liberty etc.---Provisions of S.7 Financial Institutions (Recovery of Finances) Ordinance, 2001 were therefore, not applicable to the present case---Suit, if it were for simple damages, then only the civil court had jurisdiction---High Court set aside impugned order and remanded the case to Trial Court---Appeal was allowed, accordingly. JUDGMENT KH. IMTIAZ AHMAD, J.---Through the present appeal, the order dated 18-7-2006 passed by the learned Civil Judge 1st Class, Rawalpindi has been challenged whereby he returned the plaint under Order VII, Rule 10, C.P.C. for presentation before the competent court of jurisdiction. 2. The relevant facts for the disposal of this appeal are that the present petitioner filed a civil suit for damages amounting to Rs.15 Millions on the ground that he was illegally arrested by the respondents due to which his right of liberty was curtailed and he was subjected to mental torture, loss of reputation, etc. The case of the plaintiff was that he obtained a loan from the defendants but he was illegally arrested by the respondents due to which he suffered the loss as mentioned above and on this basis he was entitled for the decree of Rs.15 Millions as damages. The suit was resisted by the defendants who filed the written statement challenging the jurisdiction of the court. The learned trial Court vide the impugned order…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492