Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 10---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for recovery of finances, declaration and injunction---Cross-cases---Leave to defend suit, grant of---Customers, in retaliation, filed suit for declaration and injunction against Bank---Effect---Leave to defend applications in counter suits of financial institution and customers were to be heard and adjudicated independently---Even if leave was granted in one case, it was not necessary that as a corollary, leave in another must be granted as a rule---Mere filing of suit by customers conversely did not entitle them for grant of leave to defend suit of financial institution---High Court allowed financial institution to defend suit and contents of application of financial institution were treated as written statement---High Court declined to grant leave to defend suit filed by financial institution---Suit was decreed in circumstances. Messrs Malik Israr Salim and Brothers through Proprietor v. Allied Bank of Pakistan Ltd. and 2 others 2006 CLD 85 ref. National Bank of Pakistan v. Raja Traders 2016 CLD 1938 rel. THIS ORDER PASSED BY: MUHAMMAD JUNAID GHAFFAR, JUSTICE---.--- 1 & 2) This is a Suit filed by the Plaintiff against Bank for Declaration(s), Permanent Injunction, Rendition of Accounts, Redemption/Relapse of Mortgage properties, Recovery of Damages. The Defendant Bank has filed its Leave to Defend application which is fixed at serial No. 2. Learned Counsel for Defendant has contended that instant Suit is not maintainable as the same has been filed by an incompetent person in clear violation of Order XXIX, Rule 1, C.P.C. In support he has relied upon Messrs Malik Israr Salim and Brothers through Proprietor v. Allied Bank of Pakistan Ltd. and 2 others (2006 CLD 85). He has further contended that the Plaintiff is a defaulter and has filed instant Suit just to pressurize the Defendant Bank so that the recovery Suit which has been filed against them is not proceeded expeditiously. Per learned Counsel since the Suit is incompetent the same be dismissed. On the other hand, Learned Counsel for the Plaintiff has at…

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