MUHAMMAD BASHIR versus HABIB BANK LTD
Banking Companies (Recovery of Loans) Ordinance 1979 Section 6 and 7 Civil Procedure Code (V 1908), O XXXVII, R2 Borrowing by Suit OXXXVII, R 2, CPC for Debt Recovery Instead of issuing a notice under the order under non-service order XXXVII, R 2, CPC, the filing of the case for a loan by the bank, instead of issuing a notice under the order in court, Failure to appear and apply for defense to defend effect. It cannot be decided on the basis that the borrower failed to apply for leave to defend the case, to settle matters or final settlement of the bank's suit against the lenders. Because it was not issued a notice or summons pursuant to Order XXXVI1, R. 2, CPC
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