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

Section: 6(2)

Keywords: Federal Government, Loans, Original Civil Jurisdiction, Change, Impugned Order, Maintain, Ouster, Banking Companies, Date Of Promulgation, Liabilities, Substitution, Language, Notification, Remedy, Special Court, Existing Law, Notice, Recovery, Disclose, Loan, Suit For Recovery, Order, Transfer Of Cases, Omission, Prejudice, Government, Outstanding Amount, High Court, Interpretation, Period Of Limitation, Procedure, Retrospective Effect, Civil Court, Parties, Jurisdiction, Interpretation Of Statutes, Petition, Province, Retrospectively, Costs, Period, Legal Position, Provisions, Enforcement Result: Petition dismissed. JUDGEMENT Nazir Ahmed Bhatti, J. 1. By this revision petition under section 115 of the Code of Civil Procedure Mrs. Yasmeen Nighat and another have challenged the order, dated 10-12-1983 of the Senior Civil Judge, Peshawar, whereby he had transferred to the Court of Special Judge, Banking Companies the suit of the respondent, National Bank of Pakistan, for recovery of Rs. 89,698.77. 2. The fact giving rise to the present litigation are that the petitioners herein had obtained the suit amount as loan from the respondent herein; which they did not return within the period of limitation and hence the respondent-Bank was compelled to file a suit for recovery of the same. Under the provisions of clause (a) of subsection (2) of section 6 of the Banking Companies (Recovery of Loans) Ordinance, 1979 such a suit was to be instituted in the civil Court. The respondent-Bank, therefore, instituted the said suit in the Court of Senior Civil Judge, Peshawar. The suit was still pending when the aforesaid Ordinance was amended by the Banking Companies (Recovery of Loans) Amendment Ordinance, 1983, whereby the aforesaid clause of subsection (2) of section 6 was deleted and the suit became triable by the Special Court constituted under the Ordinance- Taking advantage of this situation, the learned Senior Civil Judge, by the impugned order, transferred the suit to the Court of Special Judge, Banking Companies for trial, which order has been challenged by the petitioners herein on the ground that the amendment made by the Amending Ordinance is not…

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