Law:

Section:

(i) Civil Procedure Code, 1908 (V of 1908)-- ----O. III, R. 4--Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 S. 9(3)--Suit for recovery--Question of--Withdrawal from prosecution--No unilateral act of a party--Miscarriage of justice--Validity--Defendants was bound to intimate them before withdrawal from prosecution through a notice--Upon his intimation, non-appearance of defendants could be considered as wilful absence on next date--Non-compliance of provision has rendered the whole proceedings coram-non-judice, null & void, and such sole ground is sufficient for granting the application--Appeal allowed. [P. 45] A (ii) Civil Procedure Code, 1908 (V of 1908)-- ----O. V, Rr. 12, 17, 19 & 20--Banking Companies (Recovery of Loans) Ordinance, 1979, S. 9(3)--Suit for recovery--Ex-parte decree--Substituted services--Violation of law--Entitlement of--Condonation of delay--Contention of--Application for cancellation of ex-parte decree is time barred--Maintainability--They come to know about decree only when a notice was served upon them in execution application--Affidavits did not file--No specific authority has been granted for filing of application is also devoid of any force--Executee has been vested with powers to file appeal, review, revision and perform all other necessary acts for prosecution of suit--Authority to file application for filing ex-parte application has been delegated impliedly--Held: Application is allowed and ex-parate decree is recalled. Order This is an application for cancellation of an ex-parte decree passed by this Court in Civil Suit No. 1 of 1998, dated 12.2.2001. Precise facts forming the background of the above captioned application are that N.B.P. filed a suit under the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 against the defendant/applicant (Mill) on 13.6.1998 for recovery of Rs. 3,80,90,428/- before this Court. The applicant (Mill) was represented by Haji Ch. Muhammad Afzal, Advocate who withdrew his power of attorney on 8.10.1999 as is evident from the interim order recorded on the said date. On 16.11.1999, proclamation was issued for service of the…

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