Law:

Section:

1987 SCMR 717 Present: Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ Malik MUHAMMAD ARIF--Petitioner Vs THE NATIONAL BANK OF PAKISTAN--Respondent Civil Petition for Special Leave to Appeal No.1047 of 1986, decided on 3rd February, 1987. (On appeal from the of the Lahore High Court dated 28-10-1986 in R.F.A. No. 166 of 1986). Constitution of Pakistan (1973)-- ---Art. 185(3)--Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), S.6--Civil Procedure Code (V of 1908), 0. XXXVI, Rr.2(2) & 3--Suit for recovery of Bank loans--Defendant failing to apply for leave to appear and defend within time--Ex parte decree upheld by High Court--Plea that defendant being out of country no service of notice was effected upon him and application for leave to appear and defend was delayed, not sustained--Neither such plea was taken before Banking Court nor condonation of delay was sought--Not being a fit case for grant of leave, petition dismissed. Rafiq Javed Butt, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 3rd February, 1987. JUDGMENT SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the dated 28-10-1986 of the Lahore High Court which affirmed the and decree dated 4-8-1986 of the Special Judge, Banking Court, Lahore. 2. The petitioner was an employee of the National Bank of Pakistan. During the course of his employment he obtained three loans from the bank. Later he was dismissed from service. On 2-3-1985 the bank filed a suit against him for the recovery of Rs.23,123.82 on account of the said loans. The suit was decreed ex parte by the Banking Court as the petitioner failed to apply for leave to appear and defend within time. The petitioner preferred an appeal before the High Court. After holding that no valid justification had been made out for not moving the Court within time, the High Court dismissed the appeal. 3. In support of this petition it is contended that at the time when the suit was filed he was out of the country and as such no service of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492