Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 5(8)---Amicus curiae appointed by Banking Court being a Chartered Accountant, but neither having experience of 10 years at banking side nor worked at senior management level in any Financial Institution of repute or State Bank of Pakistan---Validity---Banking Court as a special court was bound to strictly follow Financial Institutions (Recovery of Finances) Ordinance, 2001 for being a special law---Where law required a thing to be done in a particular manner, then same would lawfully done only if same was done in such manner and not otherwise---Duty of court was to appoint an amicus curiae possessing qualifications and experience as mentioned in S.5(8) of the Ordinance---Appointment of an amicus curiae in a manner other than that as provided in the Ordinance would be a nullity in eyes of law---Such appointment of amicus curiae was illegal, thus, report submitted by him was set aside by High Court in circumstances. (b) Administration of justice--- ----Where law required a thing to be done in a particular manner, then same would lawfully be done only if same was done in such manner and not otherwise. (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 7(2), 9 & 10---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for rendition of accounts against Bank by customer---Framing of issues by Banking Court after granting leave to Bank to defend suit---Appointment of Chartered Account by Court as amicus curiae at the request of parties to sort out as to what was actually due and what had been paid by customer to Bank---Filing of report by amicus curiae and application by Bank for rejection of plaint to be time barred---Filing of objection petitions by Bank on subsequent date against report of amicus curiae and reply by customer to Bank's application under O.VII, R.11, C.P.C. and adjournment of proceedings by Bank for arguments thereon---Suit decreed by court after hearing arguments of parties while leaving such application undecided---Validity---Banking Court after framing of issues and despite availability of list of witnesses had neither…

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