Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) ---S. 10 Civil Procedure Code (V of 1908), O. VI, R.17 ¬Constitution of Pakistan (1973), Art. 185(3) Amendment in application for leave to defend the suit Amendment sought to be made in the application was declined by Banking Court as well as by High Court Plea raised by the borrower was that the amendment in pleadings could be sought at any stage Validity Court was vested with the power to allow amendment in its discretion in pleadings at any stage of proceedings but it did not bind the Court to allow the amendment in all cases once application was moved ¬Discretion exercised by the Court for not allowing the amendment did not suffer from any illegality or arbitrariness Supreme Court allowed the borrower to use material available on record of the suit in support of and to substantiate the grounds raised in the original application for grant of leave to appear and defend the suit Leave to appeal was refused. ORDER MUNIR A. SHEIKH, J. Leave to appeal is sought against the judgment/order, dated, 25 4 2000 of the Lahore High Court, Lahore by which application moved by the petitioners seeking amendment in their application for leave to appear and defend the suit has been rejected. 2. Learned Judge in Chamber of the High Court on considering the circumstances came to the conclusion that it was not a fit case for allowing the application in his discretion. 3.…

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