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AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN versus MUHAMMAD ASHRAF SHAMIM

Banking Companies (Debt Recovery) Ordinance 1979 for Sections 6 and 12 Civil Procedure Code (V 1908), O. XXXVII, RR 2 (2) and 3 Financial Institutions (Financial Restoration) Ordinance (XLVI of 2001), Recovery Section 5 suit failed to appear for defendant of loan amount and failed to appear for leave and apply for defense claim under O XXXVII, R 3, CPC Bank, on the court's order CPC The bank presented the original documents, including the statements of the accounts, which were displayed. The banking court found that the defendant had benefited from the loan facility and the execution documents, but not the accounts. On the basis of this, it dismissed the claim that in the absence of the plaintiff's leave to appear on the plaintiff's leave and the application for a defense suit, the order immediately in view of the provisions of 011, R2 (2), CPC. Was entitled , And there was no need for the bank to present the original documents; the wrong statement of accounts would not demand the immediate dismissal of the case. The documents on the records and statements show that the defendant has financial assistance. And the bank did not pay again, therefore, the bank was entitled to recover the outstanding balance, so when the defendants opted to be absent and the court presented their view before the banking court with the ineligible bank Was not considered appropriate. The High Court accepted the appeal, rejecting the invalid judgment / decree, dismissing the invalid judgment / injunction, as set forth under section 5 of the Financial Institutions, in the statement of some accounts considering the complete disappearance of the documents available on record. top civil advocates from Mehmood Kot lawyer