Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R. 7---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 9---Suit for recovery of loan---Relief to be specifically stated---Scope---Banking Court decreeing a suit for recovery of finance including a finance facility, which was not subject matter of the suit---Validity---No application was filed for amendment of memo of plaint to incorporate the said finance facility and same was not the subject matter before the Banking Court---Banking Court could not decree the suit in respect of an amount which was not subject matter before it in the suit---Appeal was allowed, s and decrees of courts below were set aside and matter was remanded to the Banking Court for decision afresh strictly in accordance with the law. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 7---Relief to be specifically stated---Scope---Facts not disclosed in the pleadings---Effect---Provisions of Order VII, Rule 7, C.P.C. empowered the court to grant an effective or ancillary relief even if not prayed, as the plaint as a whole was to be looked into in order to determine relief for which plaintiff was entitled, however, no relief could be granted upon facts and documents not disclosed in the pleadings. Abdul Rauf Rohaila, Senior Advocate Supreme Court for Appellants. Asad Kamal, Advocate Supreme Court for Respondent No.1. Nemo for Respondent No.2. Date of hearing: 3rd July, 2012. JUDGMENT KHILJI ARIF HUSSAIN, J.---This appeal, with leave of the Court, has been filed against judgment dated 10-1-2002 of the Peshawar High Court, Peshawar passed in FAB No.33 of 1999 whereby learned Division Bench of the High Court while dismissing the appeal maintained the order passed by the Banking Court. 2. Facts of the case need not be reiterated as the same have been mentioned in detail in the impugned judgment, but suffice it to say that Agricultural Development Bank of Pakistan instituted a suit against Messrs Nowshera Engineering Company Ltd., through the joint Official Liquidator as well as against the appellants, claiming a decree for recovery of Rs.25.820 million plus cost through sale of the mortgaged properties etc. and also…

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