SHAIKH KAMRAN MAQBOOL versus BOLAN BANK LIMITED THROUGH MANAGER
Sections 7 (2), 9 and 27 of the Civil Procedure Code (v. 1908), Sections 151, OX, R9 and O XVII, R3, dismiss the suit for unlawful prosecution for the recovery of the suit. The suit for dismissal was dismissed on the grounds of non-prosecution and the plaintiff filed an application for a dismissal order. The exact date was postponed on several dates and the last date of hearing was dismissed as the plaintiff was absent on the said date and failed to file an affidavit provided in O XVII, R 3, CPC. The procedure for deciding the suit in the manner prescribed was available to the Banking Court and the order issued by the Banking Court can be attacked only on the filing of an appeal and otherwise by section 27 of the financial institutions (recovery of financial matters). The ordinance, 2001, specifically prohibited the Bank of Court from revising or revising its own order, especially While on R this will serve as a decree of suit in the case of Rule O XVII, R 3, however, the CPC's executed order was approved by Akto. Notwithstanding the plaintiff's appearance, but such order is subject to the provisions of OXVII, R3, CPC, it would be equivalent to considering the merits of this invalid order only in the appeal process. Which can be retracted by the claimant on the application filed by him. Plaintiff's dismissal order dismissed and restored case dismissed for illegal action
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