Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9, 11, 12 & 19---Civil Procedure Code (V of 1908), Ss. 151, 152 & 104---Suit for recovery of loan amount---Execution of decree---Correction of consent order---Permissibility---Inherent jurisdiction of court---Principles---Banking court, while disposing of application filed by defendants with consent of both parties, directed plaintiff-Bank to honour its proposal contained in the consent order---Plaintiff-Bank filed application under S. 151, C.P.C. seeking correction of said consent order to the effect that annexure 'B' of the consent order was to be written instead of annexure 'C' in said consent order, which was allowed by Banking Court---Contention by defendants was that Banking Court was not competent to modify consent order, and that plaintiff-Bank had already accepted their proposal given in annexure 'C' of the order and same, therefore could not be replaced with annexure 'B'---Validity---Court had erroneously mentioned wrong annexure 'C' instead of annexure 'B'---Consent order was always open to correction if any error or omission was proved to have occurred to the satisfaction of the court---Defendants, as per their own request, had assured repayment of their liability in installments, and plaintiff-Bank, as shown from its hand written note on annexure 'B', had accepted such repayment schedule---Neither any acceptance from plaintiff-Bank in respect of annexure 'C' was available nor court could have lawfully directed plaintiff-Bank to act upon proposal as detailed in annexure 'C'---Order directing plaintiff-Bank to honour its proposal contained in annexure 'C', had been passed without proper assistance or even without going through the annexure 'C---Appeal was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----Ss. 151 & 152---Inherent jurisdiction of court---Correction of consent order---Permissibility--- Consent order is always open to correction if any error or omission is proved to have occurred to the satisfaction of the court. ORDER SAJJAD ALI SHAH, JUSTICE...........Through this appeal, the Appellants have called in question Order…

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