Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.9(5), 10 & 12---General Clauses Act (X of 1897), S.27---Ex parte decree, setting aside of---Defendant denied to have been served through any mode adopted by Banking Court, and that two days after obtaining knowledge about decree from a Bank official, he filed application for its setting aside---Banking Court dismissed application as being time-barred and also on the ground that substituted service had been effected on defendant through publication in English and Urdu newspapers and through bailiff of Court and also by assuming that summons through registered post A/D had been delivered to defendant irrespective of return of A/D receipt thereof---Validity---Banking Court had passed ex parte order without adopting all the four modes of service mentioned in S.9(5) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Impugned order did not show that defendant had been served through courier---Banking Court had not ordered for service of defendant through affixation in view of bailiff's report that personal service had not been effected---Affidavit of defendant denying receipt of summons through registered post A/D had not been rebutted by counter-affidavit of plaintiff---In such situation, there was no reason to disbelieve defendant and presume otherwise particularly in absence of return of A/D receipt by Post Office----Defendant had claimed to be not well-educated and conversant with English language---Newspaper in Urdu language had no circulation in the village, where defendant was residing---Banking Court had not satisfied itself that substituted service through publication in newspapers was sufficient by ensuring that newspapers had been dispatched by office of concerned newspapers at defendant's address under postal certificate and that such certificate was available on record---Defendant's application ex facie was within time and he was not required to file application of condonation of delay---Bank official could not take risk of giving an affidavit likely to be used in litigation against Bank---High Court accepted appeal and set aside ex parte decree with…

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