MUSLIM COMMERCIAL BANK LTD. versus NATIONAL SWEET AND CONFECTIONERY WORKS THROUGH PROPRIETOR
Section 9 Civil Procedure Code (v. 1908), A XXIII, R 1 (2) (a) Constitution of Pakistan (1973), Article 199 Constitutional application for filing a loan by bank to file a new case for the same reason. Denied by the Banking Court The formality of the formality of defective cash In the present case, it was not in the knowledge of the bank at the time of filing the case, the defendants / guarantors had passed away, who gave his personal bail. Offered, signed, executed and submitted a written contract submission to the plaintiff / bank, Atel Power in favor of the mortgaged property, the bank's defense / collateral F hanged attorney. In this case, and since he had died before the lawsuit was filed, his case was lawless and his legal heritage could not be enforced as a party, so he had legal And the formal defect was. He claimed that the defects involved in the case were good in nature, and therefore, refusing to withdraw the case could lead to several legal proceedings, plus the withdrawal did not harm the personal rights of the opposing party and the trial court. Arrived at the end of The circumstances, in any case, should have allowed the withdrawal of the case and the filing of a fresh case, the constitutional application of the bank was allowed by the High Court and the order rejecting the fresh case was declared without approval. The application was made with the legal authority and without any legal effect the bank was allowed to file a new suit with the application of the principles to withdraw the suit.
Related judgments — Lahore High Court Lahore, 2009
