Law: Banking Companies (Recovery of Loans), Ordinance (XIX of 1979)

Section: 6

(a) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--Ss. 6 & 12---Civil Procedure Code (V of 1908), O.IX, R.13--­Limitation Act (IX of 1908), S.5---Banking Companies (Recovery of Loans) Rules, 1980, R.8---Ex parte decree, setting aside of---Application for setting aside decree was filed after eight years alongwith application for condonation of delay on the ground that defendants did not receive ant) process about institution of suit, thus, they were unaware about its pendency or passing of decree---Special Judge dismissed both applications---Validity---Special Judge had :issued process for service of defendants through all modes including publication in daily newspaper---Rule 8 of Banking Companies (Recovery of Loans) Rules, 1980, provided that service in any of the modes would be deemed proper and valid for purposes of the Ordinance---Service of defendants had been effected through publication in newspapers, thus, they could not contend that they were not served in suit--­Defendants after having been duly served had neither appeared nor filed application for leave to appear/defend suit, thus, Special Judge had rightly passed ex parte decree against them---Application for setting aside decree was grossly time-barred, and for condonation of delay, no sufficient ground was shown---High Court dismissed appeal being devoid of merits. Messrs Ahmad Autos and another v. Allied Bank of Pakistan Limited PLD 1990 SC 497 rel. ORDER Zulfiqar Ali Mumtaz, the appellant-defendant No.3, through the filing of the present appeal, has called in question order dated 23-4-1994, whereby Special Judge Banking, dismissed two applications, filed under Order IX, rule 13, C.P.C. for setting aside ex parte decree, dated 1-12-1980 and under section 5 of the Limitation Act for the condonation of delay. 2. Facts, relevant for the decision of the present appeal, are that the respondent-Bank filed a suit for the recovery of Rs.1,00,823, against Messrs Hanif Corporation etc, wherein the appellant was arrayed as defendant No.3. Learned Special Judge Banking issued summons through all the prescribed modes of service, under the relevant law, and as none of the defendants…

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