Law:

Section:

Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--S. 6(4)---Civil Procedure Code (V of 1908), O.VII, R. 11---Constitution of Pakistan (1973), Art. 185(3)---Rejection of plaint for showing no cause of action---Bar of jurisdiction of Civil Court---Plaintiff in his suit filed before Civil Judge had sought declaration to the effect that loan agreement with respondent (Bank) was illegal, ultra vires and was the result of undue influence and ineffective---Trial Court rejected plaint on the ground that same showed no cause of action---Ground taken by Trial Court for rejection of plaint was not valid---Provision of S. 6(4), Banking Companies (Recovery of Loans) Ordinance, 1979, ousts jurisdiction of all the Courts in respect of matters which are within jurisdiction of Courts established under the Ordinance ---Subject-­matter of suit falling within the exclusive jurisdiction of Courts established under the Banking Companies (Recovery of Loans) Ordinance, 1979 plaint was liable to be rejected under cl. (d) of O.VII, R. 11, C.P.C., which provides that plaint would be rejected where suit appears from the statement in the plaint to be barred by any law---Leave to appeal was, thus, refused in circumstances. JUDGMENT AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 30-5-1993 of a learned Single Judge of the Lahore High Court at Multan Bench, Multan in Civil Revision No. 306 of 1993 filed by the petitioner against the order dated 14-2-1993 of the learned Civil Judge rejecting the petitioner's suit for declaration under Order 7, rule 11, C.P.C. on the ground that the petitioner got no cause of action and the judgment dated 24-5-1993 of the learned Additional District Judge, Multan in Civil Appeal No.83/13 of 1993 of the petitioner against the above order, dismissing the same, declining the same. 2. The brief facts are that the petitioner obtained certain loan from respondent No. 1 for setting up Industry. The petitioner executed certain documents in respect of the above transaction and also furnished bank guarantee. Respondent No. 1 initiated proceedings for recovery of their alleged dues. The case of the petitioner was that the…

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