Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 3 & 2--- Summary procedure on negotiable instruments---Summary suit for recovery---Adjudication on questions of jurisdiction---Application for leave to defend---Scope---In a summary suit under O. XXXVII, C.P.C., in which summons had been issued, defendant was not entitled to appear or defend suit as a matter of course, unless such defendant obtained leave from the court to appear and defend the suit---In default of such defendant's obtaining of leave from the court, allegations of plaintiff shall be deemed to be admitted and the plaintiff shall be entitled to a decree---Till such time that the leave to defend had been granted, a defendant could not even file any interlocutory application in order to agitate the point of jurisdiction of the court, legal effect of promissory note and crossed-cheques issued by defendant in favour of plaintiff. Messrs United Distributors Pakistan Limited v. Ahmad Zarie Services and another 1997 MLD 1835 rel. (b) Microfinance Institutions Ordinance (LV of 2001)--- ----Ss. 3(2)---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 2(d), 5 & 9---Civil Procedure Code (V of 1908) O. XXXVII, Rr. 1 & 2---Microfinance institutions---Application of other laws---Default in obligations of customers of microfinance institutions---Non-applicability of Financial Institutions (Recovery of Finances) Ordinance, 2001---Suit for recovery filed under O. XXXVII, C.P.C. filed by microfinance institution was decreed---Contention of defendant, inter alia, was that a summary suit under O. XXXVII, C.P.C. filed by a microfinance institution was not maintainable and a suit under Financial Institutions (Recovery of Finances) Ordinance, 2001 should have been filed instead---Validity---Bare perusal of S. 3(2) of the Microfinance Institutions Ordinance, 2001 clearly reflected that Banking Companies Ordinance, 1962 and any other law for the time being in force relating to banking companies or financial institutions shall not apply to microfinance institutions licensed under the Microfinance Institutions Ordinance, 2001 and that microfinance institutions shall not be…

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