Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Preamble---Civil Procedure Code (V of 1908), Preamble---Proceedings before Banking Court---Absence of procedure in Financial Institutions (Recovery of Finances) Ordinance, 2001---Effect---Procedure provided in C.P.C. would become applicable in such case. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 10---Civil Procedure Code (V of 1908), O.XXIII, R.1---Suit for recovery of finance---Grant of leave to defend---Procedure---Framing of issues and fixation of case for evidence after granting of defendant's leave application unconditionally---Plaintiff's application for withdrawal of suit with permission to file fresh one due to existence of some formal defect therein---Validity---Procedure provided in C.P.C. for decision of suit would be followed after granting of leave application due to absence of procedure in Financial Institutions (Recovery of Finances) Ordinance, 2001---Plaintiff had not pointed out any formal defect, which might result into dismissal of suit---Court had to pass decree according to pleadings and evidence to be adduced by both parties---Plaintiff had every opportunity to adduce evidence or amend plaint in accordance with law---High Court dismissed such application in circumstances. Sardar Muhammad Kazim Ziauddin Durrani and others v. Sardar Muhammad Asim Fakhuruddin Durrani and others 2001 SCMR 148; Municipal Committee Chakwal v. Ch. Fateh Khan and others PLD 1959 (W.P.) Lah. 535; Pehlwan and others v. Haji Muhammad Muran and others 2005 SCMR 1405; Muhammad Saleem v. Muhammad Tariq 2009 CLC 1295; Mana and 4 others v. Hussain Bakhsh and 5 others 1993 CLC 1400; Ghulam Farid and 2 others v. Muhammad Ashraf and 8 others 2000 YLR 2166; Ismail v. (1) Fida Ali and (2) Sayyed Iqbal Shabbir PLD 1965 SC 634; Karamat Ali Khan and another v. Sardar Ali and 29 others PLD 2001 SC(AJ&K) 30; Ahban Uthool Village v. Ahban Zani Village PLD 2004 Pesh. 198 and Muhammad Din v. Atta Muhammad and others PLD 1957 Lah. 971 ref. ORDER C.M. No.595-B of 2012 MUHAMMAD KHALID MEHMOOD KHAN, J.---Through this application the applicant/plaintiff…

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