Law: Civil Procedure Code (V of 1908)

Section: O. I, Rr.5 ,9

Law: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997

Section: 9

(a) Civil Procedure Code (V of 1908) O. I, Rr.5 & 9---Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997), S.9---Suit for recovery of amount and settlement of accounts ---Maintainability---Misjoinder of parties-- Claiming no relief against one of the defendants---Maintainability of-- Incentive scheme was floated by State Bank of Pakistan and benefit of the scheme was not given to the plaintiff---Suit was filed by the plaintiff against his banks and included State Bank of Pakistan in the list of defendants-- Contention by the defendants was as no relief was claimed against the State Bank, the suit was not maintainable for misjoinder---Validity---Where the scheme was floated by the State Bank, its presence was necessary before the Court, failing which the issue qua applicability of the scheme to the plaintiff could not effectively be adjudicated---Merely for such reason suit could not be dismissed---Suit was maintainable in circumstances. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) S. 9---Suit for recovery of amount and settlement of accounts---Incentives Scheme of State Bank of Pakistan---Applicability---Grievance of the plaintiff was that benefit of the Incentives Scheme was not given to the plaintiff-- Validity---In order to avail all the benefits of 'the Incentives Scheme, the plaintiff was to demonstrate that he was a defaulter for 365 days ~on 5-6-1997, when the Scheme was introduced---Where the plaintiff was not a defaulter as provided in the Scheme, held, the benefits of the Incentive Scheme could not be availed by him---Suit was dismissed in circumstances. State v. Nisar Ahmed Khuro PLD 1998 Kar. 86; Nisar Ahmed and another v. Uroos Fatima and another 1996 MLD 1913, Pakistan Steel Mills Corporation Ltd. and another v. Malik Abdul Habib and another 1993 SCMR 848 and Hashwani Hotels Ltd. v. Federation of Pakistan PLD 1997 SC 315 ref. Dates of hearing: 8th and 10th December, 1998.                                                      …