| Citation(s) |
|---|
| 2002 SLG 733 2002 SLD 733 2002 CLD 1431 |
Lahore High Court
Civil Original Suit No. 121 of 1999 and P.L.As. Nos. 4-B, 7-B. 8-B and Civil Miscellaneous Nos.457-B and 458-B of 2000, heard on 27-02-2002. dates of hearing: 21st and 27-02-2002
MIAN HAMID FAROOQ, JUSTICE
Hamid Shabbir for Plaintiff. Ghulam Murtaza Bhatti for Defendants Nos. 1, 5 and 6 (in P.L.A. No. 4-B of 2000). Miss Aisha Malik on behalf of counsel for Defendants Nos. 2, 7 and 8 (in P.L.A. No. 8-B of 2000). Khalid Mahmood Ansari for Defendant No. 3 (
Civil Original Suit No. 121 of 1999 and P.L.As. Nos. 4-B, 7-B. 8-B and Civil Miscellaneous Nos.457-B and 458-B of 2000, heard on 27-02-2002. dates of hearing: 21st and 27-02-2002
MIAN HAMID FAROOQ, JUSTICE
Hamid Shabbir for Plaintiff. Ghulam Murtaza Bhatti for Defendants Nos. 1, 5 and 6 (in P.L.A. No. 4-B of 2000). Miss Aisha Malik on behalf of counsel for Defendants Nos. 2, 7 and 8 (in P.L.A. No. 8-B of 2000). Khalid Mahmood Ansari for Defendant No. 3 (
NATIONAL BANK OF PAKISTAN through VicEPresident, Zonal Chief, Multan
VS
EFFEF INDSUTRIES LIMITED and 11 others
Law: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997
Section: 12.9(4),10
Law: Civil Procedure Code (V of 1908)
Section: O.IX,Rr.6,12
(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)--Ss. 12. 9(4) & 10---Civil Procedure Code (V of 1908), O.IX, Rr. 6 & 12---Limitation Act (IX of 1908), Ss. 5 & 14---Suit for recovery of Bank loan---Order of ex parte proceedings against some of the defendants for their non-appearance in Court on 14-1-2000---Application for setting aside ex parte order was made by one defendant on 8-7-2000 under S.12 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 together with application under Ss. 5 & 14 of Limitation Act, 1908---Plea raised by defendant was that as the suit had not been properly instituted, therefore, summons to appear and defend the suit could not have been issued to him ---Validity--¬Application was not maintainable under S.12 of the Act as no decree had been passed against defendant---Banking Court had passed ex parte order under Civil Procedure Code, 1908 therefore, it would be construed that present application had been filed under the provisions of C.P.C.--¬Defendant had neither asserted that he was not served with any summons nor had shown any sufficient cause for his non-appearance or any reason for non filing of application for leave to defend---Application did not show as to when defendant came to know about filing of suit or passing of ex parte order---Defendant had not yet filed application for leave to defend the suit---Defendant's plea could' not be considered to be sufficient for letting aside an ex pane order within the parameters of law---No cause/ground had been shown in application for condonation of delay---Defendant had failed to make out any case either for setting aside of ex parte order or for condonation of delay in filing requisite application---Signatures of defendant on affidavits filed in support of such applications were doubtful---Both the applications were dismissed being misconceived and devoid of merits. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)--- ---Ss. 3 & 7---Civil Procedure Code (V of 1908), Preamble--¬Proceedings before Banking Court---Application of C.P.C.--¬Where provisions…
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