Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------Ss. 9, 10, 15(11)(12), 21, 23 & 28---Suit for recovery of loan---Maintainability---Trial Court, in a suit earlier filed by the plaintiff ordered the plaintiff to deposit amount in question within fifteen days with the Nazir of that Court and in case of default the defendant could auction the property---Instead of depositing the amount, plaintiff withdrew said suit---Court did not allow the plaintiff with regard to permission to file fresh suit---Subsequently, Judicial Miscellaneous application was filed by the plaintiff under S.15(11) of Financial Institutions (Recovery of Finances) Ordinance, 2001 with the same prayer, which was dismissed as withdrawn---Fresh suit by the plaintiff was based on the same cause of action which was included in earlier suit---Fresh suit which was not maintainable, was dismissed along with listed application. Gul Sahib Din and others v. Malik Sultan Jan and others PLD 1982 SC 254; Hashim Khan v. National Bank of Pakistan PLD 2001 Supreme Court 325; Ghulam Rasool v. Shana 2001 MLD 661; Messrs Artisans Craftsman Rehabilitation Society v. Mst. Asif Jahan Begum 1990 MLD 1702; Abdul Malik v. Muhammad Urfan 1989 CLC 2363; Ch. Muhammad Ali v. Sardar Muhammad Kazim Ziauddin Durrani 1999 CLC 1437 and Hussain Bakhsh's case PLD 1970 SC 1 ref. ORDER ZIA PARWAZ, J.---1 and 2. This matter has been called repeatedly since morning but in spite of being taken up neither any appearance has been made by the plaintiff nor by his counsel nor any intimation, has been received on their behalf. It appears that the office raised the following objections:-- (i) It appears that the suit is not 'maintainable as provided under sections 21, 23 and 28 of the Financial Institutions (Recovery of Finances) Ordinance, 2001. (ii) It appears that prayer clause (v) is barred under section 56(a) of the Specific Relief Act. (iii) Let the copy of the plaint to be filed in respect of the banking Suit being Suit No.107 of 2006 filed by the plaintiffs before Banking Court No.1, Karachi as averred in Part-II of the plaint. Today Miss Fouzia Rashid, learned counsel for the defendant, after referring…

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