Law: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997

Section: 9

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)---S.9(4)---Civil Procedure Code (V of 1908), O.IX, R.13--­Limitation Act (IX of 1908). Art.164---Application for setting aside of ex parte decree---Limitation--- Service of summons, legality of--Suit for recovery filed by the Bank against the appellant was decreed ex parte--Appellant filed an application for setting aside the ex parte decree, but the same was dismissed by the Trial Court through impugned order---­Contentions of the appellant were that no personal service was effected for informing him of the date on which the suit against him was decreed ex parte, and he being an illiterate person could not have read the proclamation published in the newspaper; notice delivered to his servant could not be considered a lawful service and that he filed the said application as soon as he was informed of the decree-Contention of the bank was that the application of the appellant was, barred by limitation and no application for condonation of delay was filed---Validity---Process for service of the appellant was issued simultaneously through different modes---Appellant was not able to prove that he was illiterate or he was living with family members who were not literate or could not have read the newspaper to him---Appellant had not denied that he was not informed by the servant who had received the notice through process server---Notices issued under postal cover were received by someone at the residence of the appellant---Appellant's application was found to be time-barred' as he had failed to explain the delay caused in filing the same, from the date of his knowledge and further it was not accompanied by any application for condonation of delay--­Appeal was dismissed, in circumstances. JUDGMENT MUHAMMAD MUZAMMAL KHAN, J.---Instant appeal is directed against order dated 10-2-2003 whereby application of the appellant for setting aside ex parte judgment and decree dated 15-6-2001 by the Banking Court-I, Lahore, was dismissed. 2. Precisely, relevant facts are that the respondent, being a Banking Company, filed a suit for recovery of Rs.3,44,480 with mark-up till realization, at the…

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