Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.9 & 10---Civil Procedure Code (V of 1908), O.XIII, R.1 & S.151---Suit for recovery of .loan---Leave to appear and defend suit--Application seeking permission to receive additional documents---Plaintiff filed application seeking permission to receive additional documents which had not been filed earlier---Defendant filed application to appear and defend suit---Documents sought to be produced were considered necessary by the plaintiff to its case and it would be in the interest of justice if the same were taken on the record---Effect, however, of doing so would be the grant of defendants' application filed under S.10 of Financial Institutions (Recovery of Finances) Ordinance, 2001 to appear and defend suit---That was so because defendants in their counter affidavit had challenged those documents---Since the document on which the plaintiff sought to rely in the suit had to be proved in evidence, application of the plaintiff seeking permission to receive additional documents was allowed---Natural consequence of that would be the grant of application of the defendants to appear and defend suit. ORDER SALMAN TALIBUDDIN, J.---This suit was fixed in Court on 8-5-2009 for hearing of C.M.A. No.2066 of 2009 which is the plaintiffs application under Order XIII, Rule 1 read with section 151, C.P.C. and C.M.A. No.3440 of 2008 which is the defendant's application under section 10 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 seeking leave to defend this suit. These applications arise out of the following facts. Suit No.B-08 of 2008 was instituted on 26-5-2007 and seeks the recovery of Rupees 2,785,576.04 plus cost of funds from the defendants as well as the sale of properties said to have been mortgaged to secure the defendants' repayment obligations. On 4-7-2007 the defendants filed C.M.A. No.3440 of 2008 seeking leave to defend the suit. The replication on behalf of the plaintiff was filed on 11-8-2007 and C.M.A. No.2066 of 2009 was filed on 4-3-2009 seeking permission to receive additional documents in the possession of the plaintiff which had not been filed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492