Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 27---'Order'---Scope---Word 'order' appearing in S. 27 of Financial Institutions (Recovery of Finances) Ordinance, 2001, implies an order through which a formal determination of rights and liabilities of parties is made by the court. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 10 & 27---Civil Procedure Code (V of 1908), S. 151 & O. IX, R. 7---Petition dismissed for non-prosecution, restoration of---Bar of S. 27 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Applicability---Defendants sought restoration of their petition for leave to appear and defend the suit which was dismissed for non-prosecution---Validity---Order in question could not be termed as a "decision" as it neither decided rights of parties on merits nor was it a , decision or decree liable to be challenged in appeal---Bar contained in S. 27 of Financial Institutions (Recovery of Finances) Ordinance, 2001, was not attracted as the provisions did not bar Banking Court from exercising its inherent powers of restoring application for leave to defend which was dismissed for non-prosecution without touching merits of the case--- Application was allowed in circumstances. (c) Interpretation of statutes--- ----Procedural provision---Object and scope---Principal object of legal formalities and procedural provisions is to safeguard interest of justice---Procedural provision unless insurmountable not to be allowed to defeat ends of justice---Prescribed procedure is for the purpose of doing justice between parties and should not come in the way of doing substantial justice---Most important duty of courts of law is to do justice between the parties and in absence of any express power, normally relief to a party should not be refused on technical grounds---Civil courts being courts of both law and equity should dispose of cases on merits rather than on technical considerations. Anwar Khan v. Fazal Khan 2010 SCMR 973 rel. (d) Administration of justice--- ----Procedural provision unless insurmountable not to be allowed to defeat ends of justice---Prescribed…

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