Law:

Section:

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) S.9 Civil Procedure Code (V of 1908), S.12(2) Setting aside of decree Provisions of S.12(2), C.P.C. Scope Borrower accepted the decree and sought permission from the Banking Court, to pay the principal amount in instalments After the borrower had consented to the decree, application under S.12(2), C.P.C. was filed by him to set aside the decree Validity Where the decree had been consented and the borrower had made statement for deposit of principal amount, he had no locus standi either to file an application under S.12(2), C.P.C. or any other application challenging the decree Application was not maintainable in circumstances. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss. 9 & 12 Constitution of Pakistan (1973), Art. 199 ¬Constitutional petition Setting aside of decree Suit filed by the Bank was decreed by the Banking Court and the decree was accepted by the petitioner Petitioner assailed the order passed by the Banking Court on the ground that he had noted wrong date of hearing Validity Petitioner, in .the present case, was in the knowledge of the proceedings and had been pursuing the same all the time, as he had consented to the decree, sought permission from the Banking Court to pay the principal amount in instalments Plea of wrong noting of the date was of no avail to the petitioner Where the petitioner had, not come to the High Court with clean hands to seek equitable relief, High Court declined to exercise Constitutional jurisdiction in his favour Constitutional petition was dismissed in circumstances. (c) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) S.9 Civil Procedure Code (V of 1908), S.12(2) Proceedings under S.9 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 Provisions of S.12(2), C.P.C. Applicability Provisions of S.12(2), C.P.C. have no applicability to the proceedings arising out of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. Messrs Gold Star International and another v. Muslim Commercial…

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