Law:

Section:

(a) Banking Companies (Recovery of Loans Advance Credits and Finances) Act (XV of 1997) Ss. 12(2) Banking Tribunals Ordinance (LVIII of 1984) S.6(2) Civil Procedure Code (V of 1908), S.12(2)--Setting aside of ex parte decree Time barred reply to show cause notice Service on appellants (minor defendants) was effected through their mother (appellant herein) by publication in newspapers, dated 12 4 1995, 15-4 1995 and 13 6 1995 Reply to show cause notice was filed appellants on 19 9 1995 long beyond 10 days provided under S.6(2) of Banking Tribunal Ordinance, 1984 Case was transferred to High Court after promulgation of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 Banking Court after notices including publication in newspapers, took up the case and passed ex parte decree against appellants for their non appearance ¬Appellants filed application for setting aside decree on the ground of non service of notices upon them after transfer of case to High Court Banking Court on statement of decree¬holder regarding satisfaction of decree disposed of the application as having become infructuous Validity Time barred leave petition had debarred appellants from seeking defence of suit Appeal being continuation of suit could not entitle appellants to by pass statutory bar of limitation for seeking in appeal defence of suit through removal of and decree passed in the suit Lapse limitation had foreclosed appellants' right to seek Court's consideration to other grounds relevant for suit's defence only Appellants were not entitled to defend the suit for halving filed reply to show cause notice beyond 10 days period of limitation High Court dismissed the appeal in circumstances. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss. 10. 12(2) & 21 Time barred application for leave to defend Effect Time barred leave petition would debar defendant from seeking defence of suit Appeal being continuation of suit could not entitle defendant to by pass the statutory bar of limitation for seeking in appeal defence of suit through removal of and decree passed in the suit Lapse of limitation forecloses defendant's…

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