Law:

Section:

Civil Procedure Code (V of 1908) O.XLI, Rr.5 & 8 Constitution of Pakistan (1973), Art. 185(3) Stay of execution Deposit of half of decretal amount Suit for recovery of Bank loan was decreed after dismissal of application for leave to appear and defend the suit During pendency of appeal, the debtor sought stay of execution of decree High Court allowed the stay of execution, with a condition to deposit half of the decretal amount Plea raised by the debtor was that Manager of the Bank had unauthorisedly misappropriated amounts from his accounts and was later on dismissed from service on such act thus the Banking Court had wrongly dismissed his application for leave to defend the suit Validity If the Manager was found quality of misappropriation of the amount, the debtor prima facie would not be liable to pay the amount Order of High Court regarding deposit of amount was suspended and execution proceedings were stayed Petition was allowed accordingly. ORDER In the application filed by the petitioners for grant of leave to appear and defend the suit filed by the respondent Bank, it was specifically pleaded that Saqib Mehmood, Manager of the Bank withdrew unauthorizedly specific amounts from one of its accounts and misappropriated the same for his personal benefit, therefore, it should be granted leave to appear and prove the said allegation. The trial Court did not grant leave but proceeded to decree the suit. The petitioner made complaint against Saqib Mehmood, Manager before the respondent Bank in which inquiry was held and he was found guilty of misappropriation of the amounts unauthorisedly from the accounts of the petitioner, therefore, initially he was suspended and…

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