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SHEIKH MUHAMMAD KASHIF versus ASKARI LEASING LIMITED THROUGH MANAGER/CHIEF EXECUTIVE OF BRANCH/RECOVERY OFFICER


Section 10 Civil Procedure Code (v. 1908), O. VIII, R11 Plaintiff, was prosecuted under Section 10 (Recovery of Financial Issues) Ordinance of Financial Institutions on the refusal to grant leave to defend suit. ? 2001, whereby the Banking Court was not immediately authorized to dismiss the case, if the Banking Court held that the defendant raised important questions regarding the law and the facts, then the case A leave could be given to the accused for defense, but after discharging the case or the plaintiff, he was in favor of filing an application under O VII, R 11 CPC, and if the court could conclude that the case was subject to any clause Is under A. VIII, R17, CPC, then the plaintiff could be dismissed The order of the Financial Institutions Financing (Rehabilitation) Ordinance 2001 was disputed by the plaintiff before the leave was approved. The banking court, under which the case was dismissed before the leave to defend the case, was set aside and the case was remanded for a banking court decision, under which Appeal was allowed

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