Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------S. 10---Suit for rendition of accounts and recovery of damages---Dismissal of suit without deciding application for leave to defend the suit---Plaintiff/appellant filed suit for rendition of accounts and for recovery of damages against defendant-Bank/respondent---Defendant-Bank filed application for leave to appear and defend the suit and plaintiff filed his reply to the same---Banking Court without deciding application for leave to defend the suit, dismissed the suit---Validity---Without first deciding application for leave to defend the suit on its own merits, Banking Court was not to embark upon deciding the suit and dismiss the same---Dismissal of suit by Banking Court was violative of provision of S.10 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Judgment passed by Banking Court was set aside---Appeal was allowed. ORDER The plaintiff/appellant filed a suit on 11-7-003 for rendition of accounts and for recovery of Rs.45 Million as damages. The respondent-Bank filed an application for leave to appear and defend the suit on 22-8-2003. Reply to the same was filed by the plaintiff/appellant on 30-3-2004. The learned Judge Banking Court vide judgment dated 9-9-2005 dismissed the suit of the plaintiff/appellant. 2. The learned counsel for the appellant contended that the suit of the appellant could not be dismissed summarily. No order was passed on the leave application filed by the respondent-Bank. Further urged that without deciding the same, the suit of the…

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