Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 10 & 22---Suit for recovery of loan---Leave to defend suit---Appellants were served. only one day prior to date fixed for hearing of the case---Appellants did not file application for leave to defend suit, suit was decreed as prayed for---Appellants were to make an application for leave to defend suit within 30 days and from the date of service of notice, appellants had 28 days to do the needful when Banking Court proceeded to decree the suit---Validity---Impugned order could not be maintained---Appeal was allowed, and decree passed by Banking Court was set aside---Suit filed by appellants, in circumstances, would be deemed to be pending before Banking Court and appellants would file application for leave to defend suit within specified period. JUDGMENT MAULVI ANWARUL HAQ, J.---For the order we propose to pass in this case, pleaded facts need not be stated in detail. Suffice it to stay that on 30-7-2006, the respondent-Bank filed a suit for recovery of Rs.76633.77 against the appellant. The case was put up before the learned Judge Banking Court-IV, Lahore, on 4-7-2006 who directed that summons accompanying by copy of the plaint be issued and be served upon the appellants through bailiff of the Court, registered post A.D., courier service and by publication in Urdu and English dailies. The case was fixed for 17-8-2006. On this date the case was taken up in presence of the learned counsel for the plaintiff-respondent as well as learned counsel for the defendant-appellant. It was observed that the publication has been made in Urdu Newspaper on 7-7-2006 and in English Newspaper on 14-7-2006 and the summons have also been served upon the appellants through their son and brother, they have not filed any application for leave to defend the suit. Thereafter he proceeded to decree the suit as prayed for. 2. Learned counsel for the appellants…

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