Law:

Section:

(a) Civil Procedure Code (V of 1908)--0. IX, R. 13 --- Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), S. 6 --- Banking Tribunals Ordinance (LVIII of 1984), S. 6 --- Suit for recovery of loan --- Ex parte decree --- Setting aside of---Suit was decreed ex parte against defendants/borrowers as they failed to appear before Banking Tribunal on date of hearing despite process was issued in accordance with prescribed procedure --- Order sheets pertaining to proceedings recorded by Banking Tribunal had revealed that notices under S. 6 of Banking Tribunals Ordinance, 1984 were issued and all methods stipulated by law including proclamation were adopted --- Defendants/borrower, in circumstances, were rightly proceeded ex parte and suit filed by Bank was rightly decreed taking into consideration documents produced by plaintiff in proof of its claim. (b) Qanun-e-Shahadat (10 of 1984)--- ---- Art. 84 --- Signatures, comparison of --- Powers of Court --- Court, in certain eventualities was enjoined with powers to itself compare signatures alongwith other relevant material to effectively resolve main controversy. JUDGMENT MUNAWAR AHMED MIRZA, J. ---This petition for leave to appeal is directed against the judgment dated 21-11-1996 passed by Lahore High Court in F. A. 0. No. 113 of 1989. Relevant facts briefly mentioned are that Allied Bank of Pakistan, respondent No. I herein, on 23rd February, 1988 instituted suit for recovery of Rs.8,55,716.50 alongwith mark-up against the petitioners and respondents Nos.2 and 3 before Banking Tribunal, Lahore. On first date of hearing, the Banking Tribunal issued process in accordance with prescribed procedure. Respondent Abdul Bari had appeared and contested the proceedings whereas the petitioners and respondent No.3 remained absent. After considering the evidence brought on record by respondent-bank and contesting defendant, the suit was decreed by means of judgment dated 10th July, 1988. 3. It may be seen that during pendency of proceedings petitioners approached the Banking Tribunal and submitted an application on 9th of July, 1988 praying for setting aside ex parte order. However, on 11th July, 1988 another application…

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