Sections 9, 10 and 22 Constitution of Pakistan, Article 199 Constitutional application to retain suit bank loan was aggravated by an order approved by the Vacation Grant Banking Court for the defense of the suit petitioner bank, under which the respondent Was given an unconditional leave to defend. A constitutional application can be sustained in extraordinary circumstances, where the applicant may expressly perform unlawful illegal proceedings, such as the banking court did not comply with the law's mandate or the banking court exercised its powers beyond its jurisdiction. Is used. In such a case, the constitutional request to meet the end of justice and to prevent the abortion of justice was strong, the grant leave merely gave the respondent the opportunity to present evidence to defend his case and to apply. The bank had no prejudice. This order can be approved on the basis of open and closed case and that the applicant bank will have to prove his claim through proof, sufficient data to show that in the leave order relied on by the applicant bank. Were not provided that the financing was to be used and its use was made by the respondent borrower The High Court order did not find anything illegal in the order and did not fall within the scope of the exception. The requests were dismissed in circumstances
Related judgments — Lahore High Court Lahore, 2013
