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

Section: 9,22

Law: Civil Procedure Code (V of 1908)

Section: 3

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9, 22---Civil Procedure Code (V of 1908), XVII, R. 3---Recovery of finances---Right to produce evidence, closure of---Direction to decide case---Effect---Appellant/Bank was aggrieved of closure of its right to produce evidence by Banking Court---Plea raised by appellant / bank was that five opportunities were granted to produce evidence during a period of 16 days---Validity---Banking Court decided the matter in undue haste in order to comply with direction of High Court to finalize the matter till a specific date---Sufficient opportunities were not provided to appellant/Bank to produce retired bank official in evidence---Evidence of such official was required for just decision of the matter and would have helped the Court to reach at proper conclusion of the same---High Court set aside order passed by Banking Court regarding closing right of appellant/Bank to produce evidence, as such order was neither based on proper exercise of jurisdiction nor based on thorough appreciation of record available before Banking Court---High Court remanded the matter to Banking Court for decision on merits after providing opportunity to parties to produce their evidence---Appeal was allowed accordingly. Respondents ex parte. Date of hearing: 1st June, 2022. JUDGMENT MUZAMIL AKHTAR SHABIR, J.---This appeal is filed under section 22 of Financial Institutions (Recovery of Finances) Ordinance, 2001 ("the Ordinance"), against judgment and decree dated 24.05.2016 passed by Judge Banking Court No. III, Lahore whereby recovery suit filed by the appellant against the respondents has been dismissed as a consequence of closure of appellant's right to lead evidence under Order XVII, rule 3, C.P.C. vide order dated 21.05.2016. 2. It is contended by learned counsel for the appellant that sufficient opportunities were not provided to lead evidence before closing right of evidence of the appellant whereas on most of the occasions when the matter was listed for recording of evidence either learned Presiding Officer of the Court was not available or lawyers were observing strike, therefore, all the adjournments…

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