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SUMMIT BANK LIMITED versus QASIM AND CO. THROUGH MUHAMMAD ALAM


Section 7 (4) and 9 of the Contract Act (IX of 1872), Section 171 Civil Procedure Code (v. 1908), section 501 Obligations for the payment of the legal heirs of the suit / mortgage loan for recovery of the amount of 50 The plaintiff's father, who, after his death, sought a right to sue the bank against the funds of the plaintiff, filed a case against the bank for collection of money which was dismissed by the trial court but the High Court appealed. Allowed and dismissed in favor of the bank contending that the banking court was not the appropriate forum for determining the dispute between the parties, nor the principal. There was no judgment of the bank's claim against the defendant or the deceased, nor was it judicially determined whether the defendants inherited any property. The deceased bank has no question that it will not demand the right to terminate the alleged liabilities and / or to recover the plaintiffs without any such aspect of decision. The matter is neither financial nor defined in section 9. There was no question of support, nor the question of whether the plaintiffs were customers in the context of the Banking Companies (Loans, Progress, Credit and Financial Transactions) Act, 1997. The matter and any documents were not processed by the plaintiffs and while repaying the alleged liabilities, the plaintiffs filed suit for recovery of unauthorized and unauthorized deductions from their account balance. And thus the banking court had no jurisdiction over the matter. It was set up to decide on the financing issue between the bank and its customer, in this case

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