Law:

Section:

(a) Pleadings Party cannot be permitted to raise new ground of attack or defence by departing from its previous pleas. Murad Begum's case PLD 1974 SC 322 fol. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) S.10 Leave to defend, grant of Failure to raise any serious and bona fide dispute Effect Banking Court would be justified to refuse to grant leave to defend and decree suit against defendant. (c) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss.15 & 21 Bankers' Books Evidence Act (XVIII of 1891), S.4 Decree in suit for recovery of loan amount ¬Validity Defendants had admitted availing of loan facility and had not denied execution of all documents annexed with plaint or placed on record Bare assertion of incorrectness of statement of accounts could in no way be, given any weight or made basis for granting leave to defend suit Defendants had not rebutted presumption of correctness attached to statement of accounts certified under Bankers' Books Evidence Act, 1891 Defendants were estopped to wriggle out from their liability on well¬-known principle of estoppel and waiver Banking Court had given finding of fact against defendants after appreciation of documentary evidence High Court dismissed appeal in circumstances. Messrs Chenab Limited Product (Pvt.) Ltd. and others v. Banking Tribunal Lahore and others PLD 1996 Lah. 672; PLD 1985 SC 365; PLD 1996 SC 684; 1999 CLC 137; Muhammad. Iqbal Fasih v. National Bank of Pakistan, Lahore PLD 1980 Lah. 38; Agricultural Development Bank of Pakistan v. Jasarat Husain 2002 CLD 93; Haji Muhammad Mirza v. Muslim Commercial Bank Limited through attorney Manager 2002 CLD 426; Friendship Textile Mills (Pvt.) Ltd. and others v. Government of Balochistan through Secretary, Local Government and Rural Development Quetta and others 1998 CLC 1767; Muhammad Ramzan v. Citibank N. A. 2001 CLC 158 and Central Bank of India v. Syed Muhammad Abdul Jalil Shah and others 1999 CLC 671 ref. (d) Qanun e Shabadat (10 of 1984) Arts. 18 & 30 Admitted fact need not be proved. JUDGMENT CH. IJAZ AHMAD, J. This R.F.A. is directed against the judgment and decree…

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