Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VIII, Rr.2 & 6---Plea not raised in pleadings---Effect---No party in a suit was entitled to lead evidence in respect of a plea which was not taken in pleadings and even if evidence was led on such plea which was not taken in pleadings, same could not be considered as evidence in the case---Decision of Court in a suit thus could not be based on any ground which was not raised and set up in pleadings. Government of West Pakistan (Now Punjab) through Collector, Bahawalpur v. Haji Muhammad P L D 1976 SC 469; A.G. Sikandar v. Haji Abdul Hamid 1978 S C M R 85; Mst. Akhtari Begum v. Muhammad Qasim 1987 C L C 157; S.K. Abdul Aziz v. Mahmoodul Hassan and 3 others 1988 C L C 337; Shafiq Ahmad v. Jamiat Khan and others 1989 C L C 1356 and Qurban Hussain v. Mst. Bashir Begum and others P L D 1986 SC (AJ&K) 109 rel. (b) Equity--- ----Principle of---Any person who seeks equity is required under law to do equity. (c) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--- ----S. 6---Repayment of loan agreed to be paid after completion of building for which loan had been granted---Defendant having taken such plea abandoned the same during pendency of suit---Defendant could not subsequently turn round and plead that completion of building had any nexus with his liability to pay back the amount received by him from the bank as loan. Bashehsar Nath Khanna & Sons v. Messrs Grindlay & Co. Ltd., Lahore and others A I R 1937 Lah. 73 ref. (d) Civil Procedure Code (V of 1908)--- ----O.XLI, R.22---Failure to file cross-objections or cross-appeal ---Effect--­Where respondent felt aggrieved by any finding of Court he could challenge the same either by filing cross-appeal or cross-objections without which he could only support the and decree and was not entitled to claim any relief in respect of finding recorded against him. (e) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--- ----S. 6---Civil Procedure Code (V of 1908), S.96---Suit for recovery of bank loan---Defendant not claiming set off in his pleadings but producing evidence before Trial Court that bank having failed to advance the whole amount of…

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