Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)-------S. 7(6)(7)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Return of plaint---Trial Court, on application of defendant for return/rejection of plaint, returned the plaint to plaintiff for presentation before appropriate Court instead of transferring the same---Order passed by Trial Court could not be regarded as legal because in terms of S.7(6) of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 suit pending before any other Court had to be transferred and it had to be deemed to have been transferred to Banking Court concerned--­Order returning plaint to plaintiff, thus, could not be sustained---Order of .â-ž, Trial Court was declared without lawful authority by High Court in exerciseof its Constitutional jurisdiction. JUDGMENT In a suit filed by the petitioner an application was filed by the respondent Bank for the return/rejection of the plaint in view of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. The learned trial Court, which was seized of the matter, has returned the plaint to the petitioner for presentation before the appropriate Court instead of transferring the same. 2. It is contended that in view of section 7(6)…

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