MUHAMMAD AZWAR SIDDIQUI versus CHIEF EXECUTIVE UNION LEASING LTD.
Section 10 Civil Procedure Code (V8 1908), O VII, R II refuses to be dismissed before discharge before defending the case. Under the law, the litigation court was first obliged to decide the defendant's request to defend the case, before the defendant decided the application for leave application, the provisions of section 10 (8) of the ordinance. Was violated if the banking court believed that the defendants raised important questions regarding the law and facts, then permission to defend the case could be waived. The defendants but the plaintiff could not be denied, after the approval of the leave, they had the right to file an application under O VII, R II, CPC and if this was the case the provisions of VI VII, R II, CPC. Was under the Banking Court. The jurisdiction to dismiss the plaintiff was in conflict with the express provisions of the Financial Institutions (Reinstatement of Finance) Ordinance, 2001, before the leave was approved, the High Court set aside the judgment / order The leave application will be considered pending before the Banking Court
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