Law:

Section:

(a) Financial Institutions (Recovery of Loans) Ordinance (LXVI of 2001)-------S.9---Qanun-e-Shandat (10 of 1984), Art.59---Civil Procedure Code (V of 1908), S.12 (2)---Decree, setting aside of---Fraud and misrepresentation---Comparison of signatures---Report of Forensic Science Laboratory---Suit filed by bank was decreed against petitioner in her capacity of guarantor---Petitioner assailed and decree on the ground that she did not sign any document in favour of bank, including mortgage deed and general power of attorney---Validity---Banking Court must have referred the same to handwriting expert for obtaining his opinion whether purported signatures on disputed documents were in handwriting of petitioner or were forged or manipulated by somebody else---Such important aspect of the case not only escaped attention of Banking Court but High Court also did not take notice thereof--Any person could not be made liable for making payment which he or she was otherwise not legally bound to pay but was pressurized and forced to pay on the ground of some forged or manipulated documents---Supreme Court, in view of persistent, strong and vehemence denial of petitioner of her signatures on mortgage deed, power of attorney etc. made comparison of her denied signatures with her admitted signatures and further directed comparison by handwriting expert to conclusively hold that disputed documents had signatures of petitioner---Supreme Court also directed that proceedings against petitioner would be taken after the report of handwriting expert was received by concerned Banking Court in terms of the report---Appeal was allowed. (b) Administration of justice--- ----Liability of arty party---Determination---Duty of Court---Party has right to seek and demand every possible assistance from Court of law and to hold him/her responsible only when he / she is found to have acted contrary to law. ORDER SAIYED SAEED ASHHAD, J.---Respondent No.1 Muslim Commercial Bank Ltd. had granted loan/finance facility in favour of Messrs H.A. Rehman and Sons, a sole proprietorship firm run by Abdul Hamid Gang.. Similarly, respondent Muslim Commercial Bank Ltd. had granted loan/finance facility in favour…

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