Law:

Section:

(a) Banking Tribunals Ordinance (LVIII of 1984) S.6 Decree Mark up Remission of While passing decree in a suit for recovery of amount, Banking Tribunal has no jurisdiction to give direction to Bank for remission of mark up. (b) Banking Tribunals Ordinance (LVIII of 1984) Ss.6(5), 10 & 11 Constitution of Pakistan (1973), Art 199 ¬Constitutional petition Setting aside of ex parte decree on the application of a person not party to the suit/decree Validity ¬Application for setting aside the decree was not even signed by any person Applicant had no nexus with decree as he was not party to the suit Effect Ex parte decree had attained finality as parties thereto did not file any application for its setting aside ¬Applicant having no locus standi to file application being not authorized to do so by the parties to the decree, application was misconceived and non maintainable Banking Tribunal had passed the impugned order in complete oblivion of the record of the case High Court accepted Constitutional petition and set aside impugned order being illegal and without lawful authority. (c) Banking Tribunals Ordinance (LVIII of 1984) S.11 Constitution of Pakistan (1973), Art. 199 Constitutional petition Dismissal of execution petition for non prosecution on a date when proceedings were fixed only for awaiting the reply from Head Office of the decree holder Validity Execution petition could not have been dismissed in default on a date not fixed for hearing Impugned order could not be said to be a legal order, which was set aside by High Court in exercise of Constitutional jurisdiction Constitutional petition was accepted. JUDGMENT A.D.B.P. has filed the present Constitutional petition thereby challenging the orders dated 15 5 1996 and 21 7 1996 passed by respondent No.5 with a prayer that the same may be set aside and the judgment and decree dated 15 6 1993 may be ordered to be executed in accordance with law. 2. Brief facts leading to the filing of the present petition are that a suit for recovery of Rs. 5,37,287 filed against one Mst. Anwar Begum deceased who is now represented by respondents Nos. l to 4, was decreed ex parte on 15 6 1993 for a sum of Rs.4, 77, 739 with…

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