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

Section: 10

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)---Ss. 9 & 10---Bankers' Books Evidence Act (XVIII of 1891), S.4--Civil Procedure Code (V of 1908), O. VI, R.7---Suit for recovery of loan amount---Leave to defend suit---Plain not supported by loan documents and duly verified statement of accounts---Banking Court decreed suit after dismissing leave application---Validity--�Bank had not pleaded its case on basis of documents attached with plaint---Bank had not attached a single document relating to period mentioned in plaint---Suit could not have been decreed in absence of documents pleaded in plaint and on basis of documents attached with plaint---Statement of accounts not verified in terms of S. 4 of Bankers' Books Evidence Act, 1891, could not be used as evidence against defendant� Defendant in leave application had not denied documents attached with plaint---High Court accepted appeal and set aside impugned /decree, resultantly suit and application for leave to defend would be deemed to be pending before Banking Court for its afresh decision after allowing parties to file documents in support of plaint and such application. Messrs Jawed Rice Mills v. National Bank of Pakistan 1991 C L C Note 244 at p.190 rel. (b) Civil Procedure Code (V of 1908)----- ----O. VI, R. 7---Departure from pleadings---Effect---Requirement of reasonable hearing would mean a fair opportunity to meet the case set up by other side---Desire to administer justice, fair play and equity could not be achieved in a manner to ignore technicalities altogether---Evidence brought on record, if found to be contrary or beyond the pleadings, was required to be discarded out of consideration. Amir Ali v. Mrs. Alima Ahmad PLD 1981 Kar. 150 and Citibank v. Tariq Mohsin Siddiqui and others PLD 1999 Kar. 196 rel. JUDGMENT CH. IJAZ AHMAD, J.---Brief facts out of which the present appeal arises, are that the respondent-Bank filed suit for recovery of Rs.1,817,062 alongwith liquidated damages, costs and up to date mark-up before the Banking Court No.III, Lahore. The appellants filed an application for leave to defend which was dismissed by the Banking…