Law:

Section:

(a) Civil Procedure Code (V of 1908)---Preamble---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), 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) Civil Procedure Code (V of 1908)--- ----O.XXIII, R.1---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 9 & 10---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. Sardar Muhammad Kazim Ziaduddin Durrani and others v. Sardar Muhammad Asim Fakhuruddin Durrani and others 2001 SCMR…

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