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MAZHAR BUTT versus UNITED BANK LIMITED


Section 22 Civil Procedure Code (v. 1908), Sections 96, 115, OXXIXIX, RR 1, 2 and O XLIII, R1 Civil Procedure Code for Maintaining Interim Order Appeal, 1908 Applicable Scope Appellant O XXXIX, R 1 An interim order under a summons was sought. And 2 CPCs, whose application was dismissed by the banking court. The appellant suspended the banking court's order before the High Court on appeal under O XLIII, R 1 (r), CPC Financial Institutions (Restoration of Finance) Ordinance 2001, which was a special law. And the Civil Procedure Code, 1908, even if its provisions were not specifically repealed by any section of the ordinance, was still a common law as far as banking matters are concerned with prima facie, financial institutions. The provisions of Section 22 (Recovery of Finance) shall prevail over the Appeals and Review Parts under the Ordinance, 2001, General Code of Conduct and Civil Procedure Code under section 115, 1908, of which OXLIII, R1 (r) , Section 115 and section 96, CPC. An appeal against a mutual order under section 22 (6) of the Financial Institutions (Recovery of Finance) Ordinance 2001, then cannot be resolved by filing an appeal or review under the provisions of the Civil Procedure Code 1908, even if the banking court orders Also On a petition filed under a provision of the Civil Procedure Code, 1908, the High Court filed a review under section 115, CPC, under Section 22 (6) of the Financial Institutions (Maintenance) Financial Issues (Maintenance) Ordinance 2001. The bar provided was denied. A. XLIII, R 1 (r), CPC or any of the provisions and were unable to retain such review or appeal were excluded under the circumstances.

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