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HABIB BANK LIMITED versus MESSRS THE ENGLISH ENGINEERING COMPANY

Sections 9 and 21 of the Civil Procedure Code (v. 1908), O. VII, R 11, deny any claim for any cause of action. In the absence of a written finance agreement between the parties, without the decision to grant leave to defend the case, the banking court dismissed the case by the plaintiff that the plaintiff did not present a written finance agreement with the plaintiff. The reason is that the absence of a contract was not evidence of the absence of a cause of action which has led to the discovery that if the matter was disclosed it would be considered as valid. Otherwise, the case could not be dismissed simply because there was no written agreement on financial matters between the parties. In seeking leave to defend the case, the defendants disagreed that financing was not supported. The defendants given to them had questioned the written agreement in the matter of marking only and not to avail of the financing. The order to dismiss the plaintiff was thus set aside and the matter was forwarded to the Banking Court, as the appeal was allowed before the matter was decided. Pakistan, top advocate family court from Fateh Pur lawyer