Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)-------Ss. 9 & 10--Suit for recovery of loan by Bank---Leave to defend suit, application for-Non-filing of documents and statement of account along with plaint in its support, but filing them along with reply to leave application---Absence of proof in support of authority of person, who filed suit on behalf of plaintiff-Bank--Neither plaint nor was there any proof on record that such person was either Branch Manager or Principal Officer of the Bank---Defendant was entitled to leave to defend suit on such grounds. A.M. Burq and another v. Central Exchange Bank Ltd. and others PLD 1966 (W.P.) Lah. 1 ref. JUDGMENT MIAN SAQIB NISAR, J.---On 1-12-2000, the respondent-Bank filed suit for recovery of Rs.4,50,576.95 against the appellants. The appellants filed an application for leave to appear and defend the suit, which was contested by the respondent-Bank by filing reply, which has been dismissed by the Banking Court on 28-5-2002 and the suit has been decreed in terms of the claim of the respondent. 2. Learned counsel for the appellants contends that no document was appended along with the suit, even the statement of account, which was mandatory in terms of section 9 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, was not filed in support of the plaint. This fact has been so admitted by the respondent in reply to the leave application in paras.8 and 13. It is also stated that the transaction between the parties culminated in the year 1996, whereas the suit was filed on 1-12-2000 and by that time the suit has become barred by time. It is further submitted that at the time of obtaining the loan the appellants pledged certain goods with the respondent, but those were not accounted for; therefore, the case of the appellants is covered by the judgment reported as A.M. Burq and another v. Central Exchange Bank Ltd. and others PLD 1966 (W.P.) Lahore 1; that the suit had not been filed by a competent person as neither the power of attorney not the resolution of bank authorizing anyone to institute the suit had been filed along with the suit, that…

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