Law:

Section:

Financial Institutions (Recovery of Finances), Ordinance (XLVI of 2001)-------S.12---Civil Procedure Code (V of 1908), O.IX, R.13 & O. VII, Rr. 1, 2---Recovery suit decreed ex parte--Application for setting aside same moved after limitation period and also not accompanied by an application for condonation of delay, was refused---Validity---Nothing was urged in application as to when the defendant had come to know of the decree in question---Mere mentioning of a date of knowledge not supported by an affidavit of other defendants was vague---Since two of the defendants had appeared before Court there was no force in the argument that defendants were not served by trial Court before passing ex parte decree---Trial Court treating the application under O.IX, R.13, C.P.C. as under S.12 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 had rightly dismissed the application being barred by limitation. Saudi-Pak Industrial and Agricultural Investment Company (Pvt.) Limited, Islamabad v. Messrs Allied Bank of Pakistan and another 2003 CLD 596 and Messrs C.M. Textile Mills (Pvt.) Ltd. through Chairman and 5 others v. Investment Corporation of Pakistan 2004 CLD 587 ref. ORDER The appellants through the instant appeal has called in question order dated 13-7-2005 of Judge Banking Court-II, Faisalabad by virtue of which the application filed by the appellants for setting aside ex parte decree dated 3-3-2005, was dismissed. 2. The facts giving rise to this appeal are that the respondent, Orix Leasing Pakistan Limited, filed a suit for recovery against the appellants in the Banking Court-II, Faisalabad. In response to summons only appellant No.2 filed an application for leave to appear and defend the suit but thereafter absented himself, hence the appellants were proceeded against ex parte on 14-7-2000. Subsequently, the learned Banking Court decreed the suit, against the appellants jointly and severally, vide judgment dated 3-3-2005. The appellants filed an application under Order IX, rule 13, C.P.C. for setting aside the ex parte decree, which was treated by the learned Banking Court under section 12 of the Financial Institutions (Recovery of Finances)…

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