Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 10 & 22---Civil Procedure Code (V of 1908), O.XVII, R.3---Suit for recovery of loan---Leave to defend suit---Dismissal of suit---Defendant was granted leave to defend suit and plaintiff Bank was directed to file reply, but plaintiff failed to comply with direction of the Court---Omission on part of plaintiff Bank to comply with Court's order, led Trial Court to proceed under O.XVII, R.3, C.P.C. against plaintiff Bank and suit filed by plaintiff Bank was dismissed---Validity---Order XVII, R.3, C.P.C. was permissive and not mandatory and Court was supposed to proceed to decide suit on merits in the light of material on record---Decision under O.XVII, R.3, C.P.C. must be a decision on merits on consideration of entire material on record and after hearing arguments of the parties---Impugned and order was the result of hasty decision which was not only deficient in its contents, but also bad in law---Law favoured decision of case on merits and not on mere technicalities---Interest of justice required the decision to be based on merits---Accepting appeal, impugned and order were set aside and case was remanded to Trial Court to decide afresh on merits. Government of N.W.F.P. and others v. Fazal Maula and others PLD 1993 Pesh. 192 ref. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---This appeal under section 22 of Financial Institutions (Recovery of Finances) Ordinance, 2001 (hereinafter referred to as the Ordinance) is meant to call in question the correctness and propriety of the judgment and order dated 13-6-2003, recorded by the learned Judge Banking Court, Peshawar, whereby the appellant-Bank's suit for recovery has been dismissed. 2. The appellant filed suit before the Banking Court, Peshawar on 24-1-2003 against Hazrat Hussain, respondent for recovery of Rs. 1,63,753 inclusive of mark-up, liquidated damages and legal charges etc. through attachment, sale and auction of hypothecated goods/stock and mortgaged property of…

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