Law: Banking Companies (Recovery of Loans), Ordinance, 1979

Section: 6 , 7

Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--- ---- Ss. 6 & 7---Civil Procedure Code (V of 1908), OXXXVII, Rr.2, 3 & 4 and O.IX, ~R.13---Suit for recovery of amount --- Application to appear and defend suit---Application of defendants to appear and defend suit was dismissed for non prosecution and suit of plaintiff-Bank was decreed --- Grounds mentioned in affidavit in support of application for setting aside decree did not show some special circumstances which could be said rare, exceptional and uncommon-- Burden heavily lay on defendants to show that circumstances had arisen which besides being good cause or sufficient cause, were of special nature due to which they were unable to appear or comply with requirements---Defendants having failed to show such circumstances, application was dismissed in circumstances. Allied Bank of Pakistan Ltd. v. C. Khilnani and 2 others P L D 1984 Kar. 127 ref. I.M. Patel for Plaintiff. Azad Bin Haider for Defendants. ORDER This application has been moved by the defendants Nos.2 and 3 for setting aside the decree passed on 26-2-1990. The application has been made under Order 9 Rule 13 read with Section 151, C.P.C. and under Order 37 Rule 4, C.P.C. The grounds mentioned in the affidavit riled in support of this application are that the learned counsel had fallen ill on 15-1-1990 when the matter was Fixed before the Additional Registrar and, therefore, he could not attend. It is further mentioned in affidavit that the notice cost could not be paid under the bona Fide mistake of the learned counsel for the said defendants as he was under the impression that the Plaintiff had already received the copy of the application and was aware of the same. It is further stated in the affidavit that because of the disturbances, law and order situation and non-availability of the transport he could not attend on 11-2-1990 and that the matter was fixed for hearing of the application of the defendants moved under Order 37 Rule 3, C.P.C. I have heard Mr. Azad Bin Haider, learned counsel for the applicants/defendants Nos.2   and 3. 1 have also heard Mr. I.M. Patel learned counsel for the plaintiff. The perusal of the…