Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------S.12---Ex parte decree, setting aside of---Application for---Applicant's plea was that no notice was served upon him as he was not residing at the address given in plaint---Dismissal of application by Banking Court while relying upon summons reportedly received by applicant's nephew and proclamation made in two newspapers---Validity---Registered envelope had not returned to Banking Court either served or unserved---Nephew of applicant was not produced by arty party as no opportunity was granted for production of evidence---Such application could not be decided simply after hearing parties---Banking Court by declining to afford opportunity to parties for recording evidence had exercised its discretion in arbitrary and fanciful manner---High Court set aside impugned order and directed Banking Court to decide such application after framing issues and recording evidence of parties. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-- ----S.12---Ex parte decree, setting aside of---Application for---Banking Court not obliged under law to record evidence of parties in each and every application---Discretion of Banking Court to record evidence or not, as circumstances of case required. JUDGMENT MIAN HAMID FAROOQ, J.---Present appeal is directed against order dated 20-10-2003, whereby the learned Judge Banking. 'Court. dismissed appellant's application for setting aside ex parte decree dated 4-8-2003. 2. Briefly stated facts of the case are that the respondent-Bank, on 16-6-2003, filed the suit for recovery of Rs.6,61,193, against the appellant, before the learned Judge Banking Court, Faisalabad: summons were issued to the appellant through the bailiff of the Court, by registered post and proclamation in two newspapers i.e. daily "Awam" and "The News"; summons through bailiff were, statedly, served upon the nephew of the appellant on the address furnished in the plaint; no application for leave to defend the suit was filed by the appellant and the exparte decree, for recovery of Rs.6,61,193, along with costs of funds and costs of suit, was passed, against the…

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