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

Section: 9(5),12

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------- --------Ss. 12 & 9(5)-------Suit for recovery of loan amount-------Ex parte decree, setting aside of-------contention of the applicants was that they were not residing at the given address and could not be served-------Application for setting aside ex parte decree was dismissed by the Banking Court-------Validity--Service of the applicants was required to be procured by adopting all modes mentioned in S. 9(5) of the Financial Institutions (Recovery of Finances) Ordinance, 2001-------Applicants were not residing at the given address and process through summons could not be served upon them-------Specific plea was taken by the applicants that they were not residing at the given address-------Fate of the application for setting aside ex parte decree could not be decided summarily-------Trial Court should have disposed of the application by casting issues and providing an opportunity to the adversaries to substantiate their contention involving factual controversy-------Omission on the part of the Trial Court to act in the manner suggested had made all the orders impugned as well as and decree nullity in the eye of law-------Impugned orders as well as and decree were set aside and matter was remanded to the Trial Court to decide the application for setting aside ex parte and decree in accordance with law within specified period-------Appeal was allowed in circumstances. THIS JUDGMENT DELIVERED BY: MEHMOOD MAQBOOL BAJWA, JUSTICE:--------- Suit for recovery of Rs.3,38,89,824/42 was instituted by The Muslim Commercial Bank Limited through its Branch Office at Dunya Pur, District Lodhran against the present appellants under section 9 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (XLVI of 2001) (hereinafter called The Ordinance) in which process was directed to be issued in the name of present appellants according to the mandate of section 9(5) of The Ordinance. According to the order dated 12th of October 2006 passed by learned Judge Banking Court-III, Multan, the present appellants who were summoned through bailiff of the court, registered A/D post, courier service…

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