Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S.9---Civil Procedure Code (V of 1908). O.IX. Rr.3, 4 & 7---Pendency of defendant's application for setting aside order of ex parte proceedings---Proceedings fixed for filing reply to such application by plaintiff----Dismissal of suit on such date for non-appearance of arty party---Dismissal of plaintiffs application for restoration of suit---Validity--Suit was not fixed for "hearing" on such date, thus, same could not be dismissed for non- prosecution---Banking Court on such date could dismiss defendant's application for non prosecution, but could not dismiss suit' which was not fixed for "hearing"---High Court set aside order of dismissal of suit and accepted application for restoration of suit, resultantly defendant's application would be deemed to be pending before Banking Court. Qaim Ali Khan v. Muhammad Siddique 1987 SCMR 733 fol. (b) Civil Procedure Code (V of 1908)--- ----O.IX, R.9---Dismissal of suit for non-prosecution for second time---Application for an order to set dismissal aside---Essential considerations---Previous dismissal and restoration of suit would be no ground for rejecting subsequent application for restoration of suit, if case for restoration of suit was made out under law. Seth Shivrattan G. Mohatta and another v. Messrs Muhammadi Steamship Co. Ltd. PLD 1965 SC 669; Babu Jan Muhammad and others v. Dr. Abdul Ghafoor and others PLD 1966 SC 461 and National Bank of Pakistan v. Champhar (Pakistan) Ltd. and 2 others 1988 MLD 984 fol. Tafazal H. Rizvi for Appellant. Rana Mehmood Ahmed Khan for Respondents Nos.1 and 2. Syed Samar Abbas, Chief Manager, Allied Bank, Respondent No.3. ORDER MIAN HAMID FAROOQ, J.---Appellant/plaintiff, through the present appeal under section 22 of Financial Institutions (Recovery of Finances) Ordinance, 2001, has challenged order dated 8-5-2006, whereby the learned Judge Banking Court dismissed appellant's application seeking restoration of the suit, which was dismissed in default on 5-4-2006. 2. Necessary facts, which are discernible from the available record, are that the appellant filed the suit for rendition of accounts and…

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