Law:

Section:

(a) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979) Ss. 5 & 6 Suit for recovery Proof of execution of banking documents Bank claimed that the defendant availed the loan facility from the Bank and had not repaid Defendant denied the availing of loan facility and execution of documents Only one witness was produced by the Bank, who deposed about the execution of the documents Onus of issue about proving such documents was on the Bank Statement of the Bank was not corroborated and signatures of defendant were not proved through Handwriting Expert Banking Court thus, had erroneously relied upon such documents Appeal was allowed by the High Court and and decree of the Banking Court were set aside in circumstances. (b) Bankers' Books Evidence Act (XVIII of 1891) Ss.2(3) & 4 Statements of accounts Presumption of correctness Presumption attached to the statement of accounts is only to the extent that whatever figures are giver. or reflected therein are true and as per the book of account, there is no presumption that the defendant had obtained the loan. JUDGMENT MIAN SAQIB NISAR, J. The Australasia Bank, the original plaintiff of the case, which has now been merged into the Allied Bank of Pakistan, in the year 1978, brought a suit for the recovery of Rs.2,81,800.00, against the appellant, claiming that, the appellant had availed the loan facility from the Bank in the year, 1976, to the tune of the suit amount and has failed to repay the same. The suit was contested by the appellant, and the written statement was filed in the Civil Court, where the suit was originally instituted, but on account of change in law, the matter stood transferred to the learned Special Judge Banking, under the provisions of Banking Companies (Recovery of Loans) Ordinance, 1979, where the following issues were framed: Issues: (1) Whether the documents relied on by the plaintiff are forged and fictitious? If so, with what effect? OPD (2) Whether the plaintiff had not advanced any loan to the defendant and the Manager of the branch named Akhtar Ali Shah had maneuvered to get five blank cheques of his (defendant's) account? If so, with what effect? OPD (3) Whether the…

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