MST. ANWAR BEGUM versus ALLIED BANK OF PAKISTAN LIMITED
Banking Companies (Loans, Progress, Credit and Recovery of Financial Issues) Sections 9 and 10 of the Ordinance 1997 Defending the Holidays and Defending Principles for Recovery of Vacations Holiday grants were not usual or sought for defense. Not a case of a vacation-seeking plaintiff. A competent defense was to be disclosed and where no concrete question was required about the law or the fact and the defense was vague or embarrassing, the leave could be denied and the case was ordered to be defended. For the purpose of sanctioning leave, there was a need to make the party a viable motive and to show that there is a serious and irreversible dispute between the parties which cannot be resolved without recording the evidence, in the present case the defendant, Did not come with clean hands and failed to make a plausible argument. The defense trial trial court, in the circumstances, exercised its discretion in refusing the defendant's leave and could not interfere with the trial court's order.
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