Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) -------Ss. 27 & 22---Civil Procedure Code (V of 1908), O.IX, R.9 & S.151---Dismissal of suit by Banking Court for non-prosecution as the plaintiff and his counsel were absent ---Plaintiff filed application under O.IX, R.9, C.P.C. read with S.151, C.P.C. before the High Court for recalling the said order---Maintainability---Provision of S.27, Financial Institutions (Recovery of Finances) Ordinance, 2001 are subject to S.22 of the Ordinance under which an appeal is provided against final order of the Banking Court, therefore, the procedure has been provided in the Ordinance itself to deal with the final order---Procedure as laid down in OJX, R.9 read with S. 151, C.P.C. was not applicable---Banking Court, in the present case had finally disposed of the suit as dismissed for non-prosecution, as such after passing said order, the suit was no more pending before the Banking Court---Order of the Banking Court being final order, same should have been challenged before the Appellate Court and not before the High Court---Application of the plaintiff under O.IX, R.9 read with S.151, C.P.C. was not maintainable which was dismissed by the High Court. Date of hearing: 11th October, 2005. ORDER RAHMAT HUSSAIN JAFFERI, J.---On 2-7-2001, the plaintiff filed the suit for cancellation of documents, permanent injunction and damages before the Banking Court under Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. Just after one month, on 30-8-2001 the said Act was repealed by Financial Institutions (Recovery of Finances) Ordinance, 2001 (hereinafter referred to as the Ordinance, 2001). Therefore, the suit proceeded under the Ordinance, 2001 by virtue of its section 7(6) and (7). On 7-12-2004, the suit was dismissed for non-prosecution, as the plaintiff and his Advocate were absent. On the next day viz. 8-12-2004, the plaintiff filed the present application under Order IX, rule 9 read with section 151, C.P.C. for recalling the said order on the ground that due to oversight the plaintiffs Advocate could not notice the suit in the cause list, therefore he did not inform the…

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