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NATIONAL BANK OF PAKISTAN CITY BRANCH, PESHAWAR vs HAROON QAYYUM Ss — 2021 CLD 1248 PESHAWAR-HIGH-COURT

Case information

Citation
2021 CLD 1248 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
CLD
Parties
NATIONAL BANK OF PAKISTAN CITY BRANCH, PESHAWAR vs HAROON QAYYUM Ss
Subject matter
Civil
Provisions referred to
S. 27

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NATIONAL BANK OF PAKISTAN CITY BRANCH, PESHAWAR VS HAROON QAYYUM Ss. 27, 9 & 22---Suit for recovery---Decree of Banking Court---Finality of order---Correction of decretal amount by Banking Court---Scope---Plaintiff Bank impugned order of Banking Court whereby, after ex parte decree, upon application of defendant for correction of decretal amount, the decretal amount was modified ---Contention of plaintiff Bank, inter alia, was that such order was made without jurisdiction in terms of S. 27 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Validity---Per proviso to said S. 27 of the Ordinance, Banking Court could, either on its own accord or upon application of any party and after notice to the opposite side, could correct clerical or typographical mistake in a decree---In the present case, Banking Court, through impugned order rectified its own mistake through correction of decretal amount and same could not be termed to be a review of the ex parte judgment and decree passed by it---No illegality existed in impugned order---Appeal was dismissed, in circumstances.

Other judgments reported in 2021 CLD

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