Law:

Section:

Keywords: Language, Provisions, Grounds, Intimation, Office, Petitioner, Cause Of Action, Jurisdiction, Liabilities, Pre-Condition, Copy, Procedure, Maintainability, Auction, Property, Restraint Order, Recovery, Parties, Compensation, Objections, Contentions, Withdrawal, Appearance, Proceedings, Rehabilitation, High Court, Miscellaneous Application, Payment, Permission, Privy Council, Disposal, Land, Opportunity Of Hearing, Satisfaction, Possession, Fresh Cause Of Action, Orders, Contingent, Care, Satisfaction Of The Court, Suit For Declaration, Period, Relief, Order, Diligence, Leave Result: Suit Dismissed ORDER ZIA PARWEZ, J. - 1 & 2. This matter has been called repeatedly since' morning but in spite of being taken up neither any appearance has been made by the plaintiff nor by his counsel nor any intimation has been received on their behalf, it appears that the office raised the following objections:- (i) it appears that the suit is not maintainable as provided under Sections 21, 23 and 28 of the Financial Institutions (Recovery of Finances) Ordinance, 2001. (ii) It appears that the prayer clause (v) is barred under Section 56(a) of the Specific Relief Act. (iii) Let the copy of the plaint to be filed in respect of the banking suit being Suit No. 107 of 2006 filed by the plaintiffs before Banking Court No. 1, Karachi as averred in Part-ll of the plaint. Today Miss Fouzia Rashid, learned counsel for the defendant, after referring to the documents on record contended, that the suit is not maintainable on the ground that the plaintiff instituted an earlier suit for the same cause of action bearing Suit No. 107/2006 before the Banking Court No. 1 at Karachi. She has also cited case-law in support of her contentions on the cases of Gul Sahib Din and others v. Malik Sultan Jan and others (PLJ 1982 Supreme Court 512), Hashim Khan v. National Bank of Pakistan (PLD 2001 Supreme Court 325), Ghulam Rasool v. Shana (2001 MLD 661), M/s. Artisans Craftsman, Rehabilitation Society v. Mst. Asif Jahan Begum (1990 MLD 1702), Abdul Malik v. Muhammad Urfan (1989 CLC 2363) and Ch. Muhammad AH v. Sardar Muhammad Kazim Ziauddin Durrani (1999 CLC 1437). It has been held in the…

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