Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss.7 & 10 Dismissal of suit Court has no jurisdiction to dismiss the suit due to non prosecution on the date of hearing which was fixed for arguments on the application for grant of leave to appear and defend the suit. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S.22 Appeal is competent against the order of the Court disallowing application for restoration of the suit when it is in consequence of the order that led to the dismissal of the suit due to non prosecution. (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S.22(2) Civil Procedure Code (V of 1908), O.XLIII & R.3 ¬Appeal Maintainability Notice of appeal is directory ¬Requirement of sending notice of appeal to the respondent under O.XLIII of C.P.C. 1908 is merely directory and not mandatory as no consequences have been provided entailing dismissal of appeal on that account. (d) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S.24 Limitation Act (IX of 1908), Art. 163 In case of restoration of suit that was dismissed for non prosecution the time limitation for the purposes of appeal is to be reckoned from the date of the order when the subsequent application for restoration of that suit was dismissed rather than the date when the suit was dismissed. ORDER The appellant filed a suit for recovery against the respondents in the Banking Court, on which, notice was issued to the respondent, who moved an application for grant of leave to appear and defend the suit. Reply was filed by the appellant and the case was fixed, for hearing of arguments on this application when the appellant and his counsel could not appear on 31 5 2001, therefore, the suit was dismissed for non-prosecution. Immediately, the next day, the appellant moved an application for restoration of the suit, which remained pending for a considerable time and has been disallowed vide order dated 23 4 2002. 2. Learned counsel for the appellant contends that suit was not fixed for hearing. It is only application for grant of leave to appear and defend the suit which was fixed for arguments…

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