Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 10

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--Ss. 10 (7) & 27---Civil Procedure Code (V of 1908), S.151---Non-appearance of defendant's counsel while Court heard arguments on application in morning and reserved same for orders---Application by defendant's counsel filed in court on same day before passing such order for hearing his arguments---Plea of defendant's counsel that he could not know about fixation of such matter for hearing due to its not listing under his name in computerized list; and that he came to know about reservation of such matter for orders through his colleague---Validity--Defendant's counsel in his affidavit had fully explained his non-appearance in court in the morning---Copy of replication and documents filed by plaintiff had not been provided to defendant's counsel---Non-giving a fair opportunity of hearing to defendant would be violative of principles of natural justice and he would be condemned unheard---High Court fixed plaintiffs application for rehearing in circumstances. Messrs Baghpatee Service (Pvt.) Limited and 6 others v. Messrs Allied Bank of Pakistan Limited in 2001 CLC 1363 rel. ORDER TUFAIL H. EBRAHIM, J.---This application under section 151, C.P.C. has been filed by the Advocate for defendant who has prayed that he may be allowed to argue this case so that the matter may be decided on merits as his absence on 22-10-2009 was not deliberate or intentional. The said application is supported by personal affidavit of the learned counsel. The brief facts leading to this application are that the suit under section 9 of the Financial Institutions (Recovery of Finances) Ordinance of 2001 was filed by the plaintiff and in response thereto an application under section 10 being C.M.A No.5293 of 2009 was filed on 23-4-2009, the matter was fixed for hearing of C.M.A No.5393 of 2009 on 29-9-2009, however on that date learned counsel for the defendant was called absent and the hearing was adjourned to a date in office. From the record it appears that the learned counsel for the plaintiff had filed an application under section 10(7) in the office on that date. The matter was again fixed for hearing on…

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