| Citation(s) |
|---|
| 2009 SLG 1903 2009 SLD 1903 2009 CLD 1177 |
Sindh High Court
C.M.As. Nos.1605, 1607 and 7711 in Suits Nos.B-1 and B-38 of 2008, decision dated: 20-04-2009.
MS. SOOFIA LATIF, J
Abdul Sattar Lakhani for Plaintiff (in Suit No. B-1 of 2008 and in Suit No. B-28 of 2008 for Defendants). Saalim Salam Ansari for Plaintiff (in Suit No. B-38 of 2008 and in Suit No. B-1 of 2008 for Defendants Nos.2 to 6).
C.M.As. Nos.1605, 1607 and 7711 in Suits Nos.B-1 and B-38 of 2008, decision dated: 20-04-2009.
MS. SOOFIA LATIF, J
Abdul Sattar Lakhani for Plaintiff (in Suit No. B-1 of 2008 and in Suit No. B-28 of 2008 for Defendants). Saalim Salam Ansari for Plaintiff (in Suit No. B-38 of 2008 and in Suit No. B-1 of 2008 for Defendants Nos.2 to 6).
Mrs. YUBA JAMIL ANSARI--Plaintiff
VS
. BANK ALFALAH LIMITED and another----Defendants
Law:
Section:
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) -------Ss.10 & 18---Specific Relief Act (I of 1877), Ss.42 & 54---Contract Act (IX of 1872), Ss.132, 133 & 134---Recovery of bank loan--Application for leave to defend the suit, grant of---Liability of mortgagor and guarantor---Scope---Rescheduling of loan---Blank documents---Bank filed suit for recovery of loan against borrower, guarantors and mortgagors, while declaratory suit was filed by mortgagor against bank---Guarantors stated that they had no knowledge about rescheduling of loan and their consent was not obtained---Mortgagor asserted that words "not accepted" were written on her property documents available with bank---Validity---On account of denial of parties, dispute could not be resolved without recording their evidence---For adjudicating bona fide question raised deep probe and investigation were required---It was also to be decided whether guarantors were bound for thing they had not guaranteed---Liability of mortgagor could only be thrust upon her in view of the documents executed by her---Defendants of both the suits made out prima facie case for grant of unconditional leave as the object received required detailed investigation through recording of evidence---Leave to appear was granted in circumstances. 1981 CLC 847; 1994 CLC 854; AIR 1935 PC 21; AIR 1932 Bom. 168; MR 1918 PC 210; PLD 1968 SC 83; 2009 CLD 460; 2003 CLD 905; 2002 CLD 1707; 2004 CLD 388; 2004 CLD 110; 2005 CLD 581; PLD 1963 SC 163; PLD 1996 SC 749; PLD 1991 SC 976; 1998 MLD 529; 2001 YLR 1244; 2006 CLD 1506; PLD 1997 Kar. 62; 1987 CLC 2364; 2006 CLD 178; 2003 CLD 1406; PLD 1994 Kar. 196; 2006 SCMR 619; PLD 1998 Kar. 278 and 2004 CLD 1741 ref. ORDER MS. SOOFIA LATIF, J.---By a single order, I intend to dispose of the three C.M.As No. 1605 of 2008 filed by defendants Nos.2, 3 and 4, C.M.A. No.1607 of 2008 filed by defendant No.6 and C.M.A. No.7711 of 2008 filed by defendant No.1 in Suit No.B-01 of 2008 and Suit No.B-38 of 2008 as identical facts and grounds are involved therein. Facts, giving rise to above C.M.As are that the plaintiff Bank Al-Falah Ltd., at the request of defendant No.1 Messrs…
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