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NORTHERN POLYTHENE LIMITED (NPL) versus NATIONAL BANK OF PAKISTAN


Sections 7 (2), 22 and 27 Civil Procedure Code (v. 1908), O. IX, R 9 and O XVII, R 17 Application for restitution of a case for illegal prosecution, jurisdiction of banking court scope banking court, proceedings In the absence of any financial institution (recovery of finances) ordinance 2001, provided that in connection with any matter, the procedure for removal of a case for illegal prosecution under CPC is not to be followed by the parties. The rights of the people were decided and there was no decision, decision or decree. Such an order liable to be challenged in the appeal cannot be considered a decision under OXVII, R3, the CPC withheld the Banking Court from prosecuting the proceedings under Section 27 of the Financial Institutions (Recovery of Finance) Ordinance 2001. Did not provide, which was excluded. In order to prosecute without touching on the merits of the case, the Banking Court must be bound to see if sufficient reason for the preceding filing has been shown and whether such application has been barred. Ion, if so, then whether each delay is defined or not the principles

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