Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance, (XLVI of 2001)-------S. 22(6)---Suit for recovery was decreed ex parte against the defendants--- Banking Court, during execution proceedings, passed an order which was impugned by the defendants---Contention of the defendants was that they had already made an application under S.12(2), C.P.C. for setting aside ex parte decree which was still pending and that until said application was decided, execution proceedings should not be undertaken--- Validity--- Impugned order was interlocutory in nature, causing no prejudice at all to the defendant; which even otherwise could not be assailed in view of S.22(6) of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Appeal, being incompetent, was dismissed. JUDGMENT MEHMOOD MAQBOOL BAJWA, J.---The order dated 4th of April, 2012 recorded by learned Judge Banking Court-III, Multan whereby after perusal of report of Tehsildar which was marked, show-cause notice was issued to the Tehsildar requiring him to appear in person has been called in question by the appellant. 2. Heard. Learned counsel for the appellant maintains that the respondent- Bank instituted the suit for recovery against the appellant as well as other persons in which ex parte judgment and decree was granted by the learned Banking Court on 20-9-2010. Contends that after getting knowledge regarding the ex parte judgment and decree, an application under section 12(2) of the Code of Civil Procedure, 1908 for setting aside ex parte judgment and decree was made at the instance of the appellant which is still sub judice before the learned executing Court but the execution proceedings have been initiated. Maintains that till the decision of the application for setting aside the ex parte judgment and decree, execution proceedings should not have been taken by the learned trial Court.…

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