Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------- --------Ss. 9 & 10-------Civil Procedure Code (V of 1908), O. VI, Rr. 14, 15 & O.XXIX, R. 1------- Suit for recovery of finance-------Leave to defend the suit-------Signing and verification of plaint by a single officer of the plaintiff Bank instead of two officers jointly-------Effect-------Plaint was signed and verified by a single officer, whereas, the power of attorney on the basis of which the suit was filed mentioned that the said act could only be performed jointly with another attorney of the Bank-------Defendants raised a preliminary objection that since the plaint was not jointly signed by the officer along with another officer who was required to be jointly authorized on behalf of the Bank, there was "no suit" before the Court to be adjudicated upon-------Validity-------Suit was filed jointly, as the power of attorney of another officer of the Bank was filed with the plaint and which fact was not denied by the defendants-------Objection in specific detail was not taken in the application for leave to defend wherein the defendants had merely raised a general objection to the competency to file the suit-------Plaint was signed and verified by one of the officers in whose favour the power of attorney was given and this was permissible by O. VI, R. 15 of C.P.C., with regard to verification of the plaint which may be performed by one of the attorneys on behalf of other attorneys-------Such defects with regard to the signing of the plaint, if at all they were considered as defects, were mere irregularities and could not entail the dismissal of the suit or the rejection of the plaint-------Objection raised by the defendants had no substance. Habib Bank Limited v. Messrs Ess Emm Ess Corporation Pakistan Limited through Chairman and 5 others 2005 CLD 854; Azizullah Shaikh, Bar at Law and another v. Union Bank Limited 2007 CLD 1022 and Soneri Bank Limited v. Classic Denim Mills (Pvt.) Limited and 3 others 2011 CLD 408 rel. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------- --------S. 10-------Civil Procedure Code (V of 1908), O. XXIX, R.…

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