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MUSLIM COMMERCIAL BANK LTD. versus AKBAR FIBRE MILLS LTD


Code of Civil Procedure 1908 S12 (2) and A XXXVII, R2 and 3 Banking Companies (Debt Recovery) Ordinance (XIX of 1979), Section 6 Loan suit for recovery of loans filed by the plaintiff \ Bank The suit against the lenders was decided against the lenders' dismissal of the grant of leave to defend the claim, while the bailiffs were granted leave to defend the case, the guarantors wrote in their statement. Filed, cases settled and lawsuit was filed to record evidence, on the due date for recording evidence, it was stated by the respondents The agreement between Ai Bank and the respondents / lenders was made on the basis of two letters, one written by the plaintiff's bank and the other by the defendants / creditors. Using the contents of these two letters in mind, considering the plaintiff's bankruptcy suit as a compromise or settlement between the parties on these letters was deleted, the plaintiff's bankruptcy filing was not disclosed. Given that a complete and conciliatory agreement or compromise has been reached between the parties, such a situation can often be extended to a compromise in which the parties need to do more. In order to obtain a complete settlement he had to face mistaken letters on his face as the court, in his original context, dismissed the case in his absence at the request of the plaintiff bank, section 12 (2). , Was considered under CPC. Accepting the same court, the court order dismissing the case of the plaintiff bank was set aside and the remand of this case remanded.

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