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HAJI ALI KHAN & COMPANY, ABBOTTABAD versus ALLIED BANK OF PAKISTAN LTD


Banking Companies (Recovery of Loans) Ordinance 1979 Sections 6 and 7C1 Wild Procedure Code (v. 1908), Appeal for Advance and Defendant Claims for Debt Receipt to OXXII, RR2 and 3 Suits Granted, R2 and 3, CPC will grant leave to defendants to appear before the defendants for a debt settlement and for a defense claim in which the facts are disclosed. Will consider the holder of the instrument or prove such other facts that the court will consider sufficient to support the application. In this regard, the defendant may unconditionally be granted leave to defend the case or may be subject to such conditions, court, security, framing and recording matters or otherwise to appear and defend the leave. Was not the usual case or a competent defense would have to be disclosed in case of defense of the truth and where there was no significant question about the law or the facts which required trial and defense, it was confusing or Embarrassing, the leave can be ruled out and accordingly the decision aid lenders, unable to establish a defensible defense Works are, the court was justified in refusing to defend the case and the holiday

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