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

Section: 9(3),10(4),10(5),22(3)

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9(3), 10(4), 10(5) 22(3)---Civil Procedure Code (V of 1908), O. XLI, R. 11---Judgment and decree of Banking Court---Appeal against---Memorandum of appeal consisting of twenty five pages containing presumptive, superficial, hypothetical and imaginary grounds that could be conceivable under the law---Dismissal of appeal under doctrine of limine control---Held, that almost anything and everything had been stated in the Memorandum of appeal except any substantive ground that may require determination/adjudication, ignoring that the determination of the amount due, was in essence, the true purpose, intent and reason for the enactment of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the Ordinance) as capsulated in Ss. 9(3) 10(4) of the Ordinance---On account of such deliberate and persistent misuse of right conferred under the Ordinance and blatant abuse of the process of the law and Court, S. 10(5) was inserted in the Ordinance---In the present case, the grounds of appeal were unsubstantiated, general, vague and bald accusations not supported with any cogent prima facie evidence or material, which may require issuance of notice to the decree-holder/respondent or summoning entire record or admit present appeal in whole or in part --- Retaining present appeal on the docket of the Court shall only burden the Court, postpone a writing on the wall and bring misery for the contesting parties, at least, for the decree holder---Speedy and efficacious justice was a fundamental pillar of the rule of law---Applying the doctrine of limine control, present appeal was dismissed in limine under S. 22(3) of the Ordinance read with O.XLI, R. 11, C.P.C. Asif Saleem v. Chairman Bog University of Lahore and others PLD 2019 Lah. 407 ref. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 10(4) 10(5)---Petition for leave to appear and defend the suit (PLA)---Practice of presenting voluminous PLA, raising all kinds of settled and conceivable grounds alien to record of the suit---High Court deprecated such practice and observed that purpose of such…

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