Law:

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(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss.10, 17 & 22 Civil Procedure Code (V of 1908), Ss.12(2), 151 & O.XIII, R.2 Suit by Bank for recovery of loan amount Banking Court dismissed leave application and. decreed suit due to absence of defendant on 30 10 2001, when only application of Bank under O.XIII, R.2, C.P.C., was fixed for hearing Defendant's application under S.12(2), C.P.C., for setting aside of / decree was dismissed by Banking Court being incompetent ¬Validity Neither suit nor leave application had been called for hearing on 30 10 2001 Rather only application of Bank seeking permission to produce additional documents was to be taken up for hearing on such date Order of dismissal of subsequent application showed that matter had been approached in a manner as if only a formality was being completed, which was not in consonance with law Mere mentioning of wrong provision of law would not make any lis incompetent - Such matter had to be dealt with under S.151, C.P.C., which incidentally found mention in the title of application under S.12(2), C.P.C. Banking Court had acted without lawful authority while passing impugned and decree High Court accepted appeal and set aside impugned / decree, resultantly application filed by Bank under O:XIII, R.2, C.P.C., and leave application alongwith suit would be deemed to be pending before Banking Court. Qazi Muhammad Tariq v. Hasin Jahan and 3 others 1993 SCMR 1949 rel. (b) Administration of justice Mere mentioning of a wrong provision of law would not make any lis incompetent. JUDGMENT MAULVI ANWARUL HAQ, J. The respondent Bank filed a suit against the appellants for recovery of money. Notices were issued in the manner prescribed. An application was filed seeking leave to defend the suit. A reply was filed. The case was adjourned for various reasons for arguments on the said application, from time to time. On 15 10 2001 the respondent Bank filed an application under Order XIII, Rule 2, C.P.C. seeking permission to produce some additional documents. The case was adjourned to 30 10 2001 for arguments on the said application. On the said date the appellants were absent. The…

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