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

Section: 9,10,7

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9, 10 7---Civil Procedure Code (V of 1908), O. VII, R. 11---Procedure of Banking Court---Application for leave to defend---Adjudication by Banking Court in suit for recovery---Rejection of plaint by Banking Court---Inherent powers of Banking Court---Scope---Plaint, in terms of S. 9 of Financial Institutions (Recovery of Finances) Ordinance, 2001 was required to disclose cause of action and failure to do so may lead to rejection of plaint on basis of averments of plaint, irrespective of whether leave to defend had been obtained by defendant or not---Plaint, if sought to be rejected on grounds other than averments in plaint, for example, on ground of defence of defendant, then such defendant was required to obtain leave to defend before his plea for rejection of plaint, such as on ground of res judicata or limitation, was considered by Banking Court---Application for rejection of plaint was a special kind of application, different from other interlocutory applications for reason that Banking Court itself was vested with suo motu powers to reject plaint at any stage---Grounds taken in an application for rejection of plaint may also be treated as grounds for grant of application for leave to defend, which had to be considered on its own merits and if circumstances of case so required, leave may be granted on said grounds---Dismissal of application for leave to defend did not mean that suit was to be decreed in all cases and Banking Court retained power to reject plaint in a suit or dismiss the same even after rejection of application for leave to defend, if plaintiff failed to make out a case for passing decree. MCB Bank Limited v. Muhammad Saeed 2019 CLD 63; Shaukat Ali v. Agricultural Development Bank of Pakistan Limited through Chairman and 2 others 2006 CLD 59; The Bank of Punjab through Principal Officer/Constituted Attorney v. Rab Nawaz and 2 others 2016 CLD 760; Anees-ur-Rehman v. Faysal Bank Limited through Manager 2019 CLD 1031; National Bank of Pakistan v. Messrs. Ark Garments Industry (Pvt.) Ltd. through Managing Director and 2 others 2015 CLD 179; Gulistan Textile…

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