Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.9 & 16---Special Relief Act (1 of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), O.XXIII, R.1---Withdrawal of suit---Permission to file fresh suit---Fraud with bank---Effect---Plaintiffs filed suit for declaration and rendition of accounts against bank and sought direction for filing of statement of accounts---Plea raised by bank was that plaintiffs committed fraud with bank at the time of getting finance facility---Plaintiffs sought withdrawal of suit with permission to file fresh---Validity---Plaintiffs could not be allowed to withdraw the suit simpliciter when fraud had been alleged to have been committed by plaintiffs---Suit of plaintiffs could not proceed, therefore, High Court declined to grant permission to withdraw that same---Suit was dismissed in circumstances. Haji Muhammad Boota and others v. Member (Revenue), Board of Revenue Punjab and others PLD 2003 SC 979 and Mst. Zahida Sattar and others v. Federation of Pakistan and others PLD 2002 SC 408 fol. Pakistan Lawyers Forum v. General Pervaiz Musharaf and others 2000 SCMR 897; Tariq Mohsin Siddiqui and 2 others v. The State through National Accountability Bureau 2005 MLD 1827 and Kulsoom and another v. Trustees of Port of Karachi through Chairman K.P.T. Karachi and 2 others 2002 SCMR 718 ref. ORDER IQBAL HAMEED-UR-RAHMAN, J.---Through the instant application under Order XXIII, C.P.C., the applicants/plaintiffs seek withdrawal of the suit for declaration with permanent injunction, rendition of accounts and ancillary relief as prayed with permission to re-file, if need so arises in future. 2. Succinctly the facts required for the determination of this application are that the applicants/plaintiffs had filed a suit for declaration with permanent injunction, rendition of accounts and ancillary relief as prayed under section 9 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 on 6-3-2010 along with C.M. No.200-B of 2010 under Order XXXVIII, C.P.C. read with section 151 as well as section 16 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, praying that the defendant be…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492