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WAHEED CORPORATION versus ALLIED BANK OF PAKISTAN


Sections 9, 10 (8) (12) and 22 Civil Procedure Code (v. 1908), OVII, R 11 suit of the Financial Institutions (Recovery of Finance) Ordinance 2001 for the request for leave to defend the bank by its consumer. This will be amended later under section 10 (12) of the Ordinance Plaintiff, which failed to respond to such requests without rejecting such requests under O VII, R 11, under Section 10 of the Banking Court, Ordinance. There is nowhere provided that during the hearing of the leave petition for defense of the case, the banking court established immediately under Section 5 of the Ordinance to reject the Plaintiff Banking Courts. Qualifying, the Banking Court was bound to decide on a leave application for defense on merit in any way if the Banking Court was of the view that the bank had raised enough questions. Laws and facts, then, can be granted for defense, but at this time they cannot dismiss the case or dismiss the case because the central case was not set aside. It was in his favor to submit an application under Oli VI, VI 11, CPC that the Banking Court could dismiss the Plaintiff after reaching its conclusion in the form of a written statement of leave grant and leave application. That this case has come under the provisions of O VII, R. 11, CPC, but before approving leave to defend the case in any way, accept the Ordinance High Court's appeal, setting aside the accepted judgment / decree, clearly stating the decision. There was a conflict, which would result in the bank's amendment request being considered pending before the banking court, which will be decided first.

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