Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 9,22

Law: Civil Procedure Code (V of 1908)

Section: 151,152,153

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 22---Civil Procedure Code (V of 1908), Ss. 151, 152 & 153---Suit for recovery of finance---Clerical mistake---Correction of decree--- Scope--- Property mortgaged by borrower measured 1072 square yards but inadvertently 730 square yards were mentioned in plaint---Grievance of decree holder bank was that Banking Court mentioned 730 square yards in its decree and declined to correct the measurement---Validity---Banking Court was not required to decree suit merely on the basis of averments in plaint, rather had to examine material and documents placed before it which included lease deed as well as mortgage deed---Mortgage deed signed by borrower clearly stated that total area of property was 1072 square yards which had been acquired on the basis of lease deed and allotment letter issued by authorities---Any mistake of declaring area of property in plaint due to inadvertence was liable to be corrected and such correction did not amount to re-appraisal of and decree passed by Banking Court---High Court in exercise of appellate jurisdiction allowed application filed by decree holder and corrected and decree passed by Banking Court to the extent of measurement of suit property---Appeal was allowed accordingly. ORDER MUHAMMAD JUNAID GHAFFAR, J.---Through instant appeal, the appellant has impugned the order dated 25-11-2010 passed by the learned Banking Court No. 1, at Karachi in Suit No.1246 of 2009, whereby, an application under sections 151, 152 read with section 153, C.P.C. seeking correction in the plaint, judgment and decree regarding the total area of the property mortgaged by the respondents has been dismissed. 2. Briefly the facts as stated in the memo of appeal are that the respondents had mortgaged the property bearing No.ST-1-B, KDA Scheme No.1, Jamshed Town, Karachi, and had obtained a finance facility from the appellant. Subsequently, the respondents had defaulted, whereafter, the appellant filed a recovery Suit bearing No.1246 of 2009 before the Banking Court No. 1, Karachi, and vide Judgment dated 14-1-2010; suit has been decreed in favour of the appellant. The…

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