Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------- --------Ss. 9(2) & 10(3)(4)-------Bankers' Books Evidence Act (XVIII of 1891), Ss. 2(8) & 4-------Constitution of Pakistan, Art. 10-A-------Suit for recovery of loan amount-------Procedure-------Leave to appear and defend the suit, application for-------Statement of account-------Certificate of balances-------Scope-------Banking Court dismissed application for leave to appear and defend the suit and decreed the suit filed by the plaintiff-Bank-------Contention of defendants-customers was that no statement of account was filed with the plaint by the plaintiff-Bank-------Validity-------Plaint should be supported by a statement of account which in case of financial institution should be duly certified under Bankers' Books Evidence Act, 1891 and all other relevant documents with regard to grant of finance-------Defendants-customers availed cash finance facility of Rs.5,000,000/- which was outstanding against them-------Plaintiff-Bank had annexed one page statement of account of assets and mark up whereas one page statement of other account of customer liabilities mark up with the plaint-------Said statements had been certified and signed by an officer and manager but neither the name of manager nor the name of officer was present underneath their signatures-------No date had been mentioned as to when such statements were certified by the manager and officer of the Bank-------Every amount/sum advanced or paid to a customer or sum expended/incurred for and on behalf of a customer by a banking company should be entered as "debit" in the ledger of Bank-------Money received from or on behalf of customer should be entered as a customer's "credit"-------Such statement of account was required to be conveyed to the customers informing them of their account position and obligations towards the Bank and vice versa-------Statement of account so certified would become admissible in evidence, transactions and accounts therein recorded like original entry unless otherwise disputed-------Statement of accounts annexed by the Bank with the plaint did not show all transactional entries, debit…

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