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RABNAWAZ vs Z.T — 2021 CLD 1301 PESHAWAR-HIGH-COURT

Case information

Citation
2021 CLD 1301 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
CLD
Parties
RABNAWAZ vs Z.T
Subject matter
Civil
Provisions referred to
S. 4---P; S. 4; S. 9; Books Evidence Act (XVIII of 1891)

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

RABNAWAZ VS Z.T.B.L. KATLANG BRANCH MARDAN Ss. 9, 7 & 22---Banker's Books Evidence Act (XVIII of 1891), S. 4---Procedure of Banking Court---Suit for recovery---Ex parte decree, setting aside of---Statement of accounts, effect of non-certification of---Scope---Defendant sought setting aside of ex parte decree of Banking Court---Validity---Record revealed that statement of account furnished by plaintiff Bank had not been certified per S. 4 of Banker's Books Evidence, 1891, which tantamount to non-compliance with mandate of S. 9 of Financial Institutions (Recovery of Finances) Ordinance, 200 ---While Banking Court could pass ex parte decree after valid service had been effected, however a heavy duty was cast on Banking Court to have looked at the documents annexed by plaintiff Bank, and statement of account not certified per Banker's Books Evidence, 1891 lost is evidentiary value---High Court set aside ex parte decree of Banking Court and remanded matter to Banking Court---Appeal was allowed, accordingly.

Other judgments reported in 2021 CLD

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