| Citation(s) |
|---|
| 2023 SLG 2169 2023 SLD 2169 2023 CLD 1390 |
Lahore High Court, Rawalpindi Bench, Rawalpindi
Civil Revisions Nos. 466, 467, 809 to 813 of 2022, heard on 22nd December, 2022.Date of hearing: 22nd December, 2022.
Before Anwaar Hussain, J
Ossama Shahid Khawajah for Petitioners. Mahar Abdul Shakoor for
Respondent No. 1. Nemo for
Respondent No. 2.
Civil Revisions Nos. 466, 467, 809 to 813 of 2022, heard on 22nd December, 2022.Date of hearing: 22nd December, 2022.
Before Anwaar Hussain, J
Ossama Shahid Khawajah for Petitioners. Mahar Abdul Shakoor for
Respondent No. 1. Nemo for
Respondent No. 2.
FAYSAL BANK LIMITED and others---Petitioners
VERSUS
Ch. SHEHZAD MUNIR and others---Respondents
Law: Financial Institutions (Recovery of Finances) Ordinance, 2001
Section: 9
Law: Qanun-e-Shahadat (10 of 1984)
Section: 76,77
Law: Civil Procedure Code (V of 1908)
Section: 115
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 9---Qanun-e-Shahadat (10 of 1984), Arts. 76 & 77---Secondary evidence---Non-issuance of notice---Principle---Petitioner/defendant/ Bank was aggrieved of order passed by Trial Court allowing respondents/plaintiffs to produce documents as secondary evidence---Plea raised by petitioner/Bank was that secondary evidence could not be adduced without issuing notice in such regard---Validity---Requirement of notice to be issued was relevant in a situation when a document was required to be produced from the possession of a person---Documents to be produced were no more in the possession of petitioner/Bank and had been submitted in another Court---No notice was required to be issued to Bank---Respondents/plaintiffs had a prima facie case and they deserved permission to lead secondary evidence---High Court declined to interfere in permission to produce secondary evidence--- Revision was dismissed , in circumstances. Muhammad Sharif through Legal Heirs and 4 others v. Sultan Hamayun and others 2003 SCMR 1221 and Messrs Expeditor International Pakistan (Pvt.) Ltd. v. Messrs Sitara Textile Industries Ltd. and 2 others 2018 CLC 994 ref. JUDGMENT ANWAAR HUSSAIN, J.---Through this single judgment, titled Civil Revision No. 466/2022 as well as Civil Revisions Nos. 467/2022, 809/2022, 810/2022, 811/2022, 812/2022 and 813/2022 ("the Revision Petitions") filed under section 115 of the Code of Civil Procedure, 1908 ("C.P.C.") are being decided. Messrs Faisal Bank Limited ("the petitioner bank") and its officials are the petitioners in the Revision Petitions whereas respondent No. 1 arrayed in all the Revision Petitions are different individuals but admittedly account holders of the petitioner bank and members of one family and hereinafter, collectively referred to as "the respondents". 2. By way of factual background, it is noted that the respondents instituted seven separate suits ("the suits") against the petitioner bank, as well as its ex-Branch Manager, namely, Asif Qayyum arrayed as respondent No. 2 in the Revision Petitions, for recovery of certain amounts lying in their respective accounts,…
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