Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 10---Suit for recovery of loan amount---Leave to defend suit, application for---Granting of facilities and execution of security documents, and amount of facilities disbursed to defendants not denied by them---No question of law or fact was raised by defendants for grant of such application, which was dismissed in circumstances. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 10---Civil Procedure Code (V of 1908 ), O. VIII, R.5---Qanun-e-Shahadat (10 of 1984), Art.113---Leave to defend suit, application for---Defendants in original leave application admitted signing and, delivery to plaintiff memorandum of deposit of title deed and letter of continuity of mortgage of property, but in subsequent amended leave application, such documents were alleged to be forged---Effect---Both such pleas were mutually destructive as if one was believed to be true, then other would obviously be false---Both such pleas being so diagonally opposed to each other they could not co-exist at one and same tune---Such pleading was not permissible in law--Party to proceedings once having made art admission in pleadings would not be allowed to wriggle out of same as other party acquired valuable right in terms of O.VIII, R.5, C.P.C., and Art.113 of Qanun-e-Shahadat, 1984--Plea of defendants that such documents were forged could not be accepted, and admission in original leave application would be binding on them---Leave application was dismissed in circumstances. Allied Bank of Pakistan Limited v. Mrs. Fahmida 2004 CLD 110; Imtiaz Ahmed v. Platinum Commercial Bank Limited 2004 CLD 481; Messrs Habib Bank Limited v. Messrs Pan Islamic Steamship Company Limited 2005 CLD 626: Mushtaq Ahmed Bohra v. Crescent Investment Bank Ltd. 2005 CLD 444; Kamran Zali v. Union Bank Limited 2002 CLD 876; Muhammad Yaqoob v. Feroze Khan and others 2003 SCMR 41; Mst. Baswar Sultan v. Mst. Adeeba Alvi 2002 SCMR 326; Haji Suleman Ali Muhammad v. Ahmed Ali and another PLD 1982 Kar. 111; Ghulam Abbas v. Manzoor Ahmed and another PLD 2004 Lah. 125; Kamran Zali v. Messrs Bhitai Rubber Industries…

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