SHAHID MAHMOOD versus BANK AL-FALAH LIMITED THROUGH MANAGER
Section 9 and 10 of the Special Relief Act (I of 1877), Section 42 (C54 Declaration and Order), as well as a leave application to defend the suit effect declaratory suit, were also granted by the borrower and Hank to the Department of Financial Institutions Filed under I0. The Recovery of Finance (Ordinance, 2001), seeking leave to defend the suit banking court, dismissed the bank's request and thereby dismissed the borrower's suit, with which The Banking Court's legal procedure was adopted while simultaneously excluding leave application for defense. The case was not admitted under the law and was a complete departure from the law. After the bank leave application was dismissed, the case could not have been dismissed or dismissed immediately without the borrower's opportunity to present evidence to support the claim. After rejecting the bank's leave request in the declaration and permanent injunction case, the order could not be removed because the claim was not equal to the suit set up on the equipment negotiating the claim. It may be that when the bank failed to obtain leave to defend the case, the banking court was obliged to make this legal decision after asking the borrower to present evidence in respect. In such cases, even if the defendant did not appear before the Banking Court or was discharged, the court does not waive its obligation to apply its judicial mind to the facts and circumstances of each case. Neither the bank had filed an appeal nor any objection to the dismissal order nor any objection to the order.
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