Law:

Section:

Banking Tribunals Ordinance (LVIIII of 1984)--S. 9(1), first proviso---Civil Procedure Code (V of 1908), O.XLI, R.19--Constitution of Pakistan (1973), Art. 185(3) Plaintiff's suits, for specified amount having been decreed by Banking Tribunal, defendants filed appeals which were admitted for regular hearing ---Decretal amount not deposited by defendants either before filing of appeal or thereafter---Competency of appeal--­Non-compliance of S.9(1) of Ordinance---Effect---Plaintiff on being served in appeals moved application pointing out to Court that in view of non-compliance of provision of S.9, Banking Tribunals Ordinance, 1984, appeals were wrongly admitted and that same could not have been entertained---Notice of application was served upon defendants and hearing was fixed on specified date---Defendants failed to appear on that date whereupon appeals were dismissed on the ground that defendants having not deposited decretal amount, appeals were not competent---Defendants then moved application for recalling ex parte order but same was dismissed---Validity---Order of admission of appeals having been passed by High Court in ignorance of provisions of first proviso to S.9(1), Banking Tribunals Ordinance, 1984, same was nullity in law, which was rightly recalled on application of plaintiff---High Court while declining to recall ex parte order had fully considered contention of defendants on merits and its conclusion that requisite amount having not been deposited, before filing of appeals same were not maintainable, was not open to any exception---No case for interference with of High Court was made out---Leave to appeal to Supreme Court was refused in circumstances. Sabihuddin Ahmed, Advocate Supreme Court and Faizanul Haq, Advocate-on-Record for Petitioners (in both Cases). Arif Hussain Khalji, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for Respondent. Date of hearing: 1st August, 1995. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---This judgment will dispose of Civil Petitions Nos.300-K of 1994 and 301-K of 1994 as common question of law arises in both these cases. The facts relevant for disposal of present petitions are that the respondent bank in the…

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