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

Section: 9

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--Ss. 9 & 10---Civil Procedure Code (V of 1908), O. VI, Rr. 14, 15 & O.XXIX, R.1---Suit for recovery of Bank Loan---Plaint not signed by any of two attorneys of Bank, but signed by its counsel and verified on oath by its one attorney---Leave to defend suit, application for---Defendant's plea that plaint on account of its non-signing by both the attorneys was defective and liable to be rejected---Validity---Plaint found mention that Bank had duly appointed both attorneys through annexed Power of Attorney to act jointly on its behalf---Plaint did not find mention that one of such attorneys was Branch Manager of Bank---Plaint was required to have been signed by both attorneys of Bank---Plaint for not having been signed by a person on behalf of Bank suffered from technical defect and lacuna in form of suit---Signing, verification and drafting of plaint in a particular manner were matters of mere procedure, thus, provisions relating thereto could not be construed strictly---Non-signing or non-verification of plaint could not make same a nullity---Bank could not be non-suited on such ground alone for same being irregularity and technical defect curable at any stage of proceedings---Plaint on basis of such irregularity and technical defect could not be rejected---High Court repelled the plea while allowing Bank to cure such defect by signing plaint through its both attorneys. Suit No.B-27 of 2006 (Messrs Standard Chartered Bank Pakistan Limited v. Messrs MAK Dyeing & Finishing Mills Limited); Suit No.B-141 of 2009 (United Bank Limited v. Pak Leather Crafts Limited); Munir Hussain v. Muhammad Aslam PLD 2003 (AJ&K) 16; National Bank of Pakistan v. Karachi Development Authority PLD 1999 Kar. 260; Citibank N.A. v. Judge Banking Court-IV 2001 CLD 171; H.B.L. v. Crescent Soft Wear Products (Pvt.) Ltd.) 2009 CLD 412 and Habib Bank Ltd. v. Paragon Industries (Pvt.) Ltd. 2009 CLD 1346 ref. Ismail v. Mst. Razia Begum 1981 SCMR 687; 1-laji Muhammad Rafiq v. Shahenshah Jehan Begum PLD 1987 Kar. 180; Qatar Airways PLC v. ANZ Grindlays Bank 2000 CLC 1455 and Niaz Muhammad Khan v. Mian Fazal…

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