| Citation(s) |
|---|
| 2008 SLG 2157 2008 SLD 2157 2008 CLD 75 |
Sindh High Court
First Appeal No.24 of 2003, decision dated: 23rd October, 2007.
ZIA PERWEZ, J
Raja Qasit Nawaz Khan for Appellants. Khawaja Naveed Ahmed for
Respondent.
First Appeal No.24 of 2003, decision dated: 23rd October, 2007.
ZIA PERWEZ, J
Raja Qasit Nawaz Khan for Appellants. Khawaja Naveed Ahmed for
Respondent.
TANYA KNITWEAR (PVT.) LTD. and others
VS
. FIRST WOMEN BANK LTD
Law:
Section:
(a) Review------Special statute---Power to review---Scope---Exercise of powers under special enactment does not imply a power to review earlier orders in exercise of inherent powers unless power of review' is specifically conferred by such statute. Messrs Baghpatee Service (Pvt.) Ltd. and 6 others v. Messrs Allied Bank of Pakistan Ltd. 2001 CLC 1363 rel. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 17---Civil Procedure Code (V of 1908), O.XXIII, R.3 & S.151---Consent decree, setting aside of---Decision on merits---Scope---Suit filed by bank was decreed in favour of bank on the basis of joint statement submitted by counsel' of both the parties---After over two years of passing of consent decree, bank, filed application for either changing material dates in 'the compromise or for setting aside of decree and decision of case on merits on the ground that statement filed by their counsel was without authority---Bank did not institute any action against counsel who had allegedly filed compromise---Effect---Such consent order which was based on record, where change of dates might seriously prejudice the right of opposite party could not be reviewed or interfered with by High Court, after a long delay of more than two years---No violation of any State Bank Circular was pointed out by the bank---Such was beyond the scope of S.151, C.P.C. to review such case on merits---High Court did not find any ground or error in the consent order passed earlier which could call for correction as compromise was based on the statement of both the parties---Neither any ground for recall or order of compromise decree was made out nor powers of review were available---Application was dismissed in circumstances. Metal Containers Employees Union v. Ali Anwar Changhro 2001 YLR 1818; Messrs Baghpatee Service (Pvt.) Ltd. and 6 others :v. Messrs Allied Bank of Pakistan Ltd. 2001 CLC 1363; Hashwani Hotels Limited v. Federation of Pakistan and others PLD 1997 SC 315; Messrs Habib Bank Limited v. Messrs Schon Textiles Ltd. 2001 YLR 1244: Agricultural Development Bank of Pakistan v. Jasarat Hussain 2002 CLD 93; Allied Bank of Pakistan Ltd. Faisalabad v.…
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