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NATIONAL BANK OF PAKISTAN vs DATA LABORATORIES (PVT — 2022 CLD 1374 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLD 1374 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLD
Parties
NATIONAL BANK OF PAKISTAN vs DATA LABORATORIES (PVT
Subject matter
Civil
Provisions referred to
Civil Procedure Code (V of 1908)

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 VS DATA LABORATORIES (PVT.) LTD. Ss. 9 & 22---Civil Procedure Code (V of 1908), XVII, R. 3---Recovery of finances---Right to produce evidence, closure of---Direction to decide case---Effect---Appellant/Bank was aggrieved of closure of its right to produce evidence by Banking Court---Plea raised by appellant / bank was that five opportunities were granted to produce evidence during a period of 16 days---Validity---Banking Court decided the matter in undue haste in order to comply with direction of High Court to finalize the matter till a specific date---Sufficient opportunities were not provided to appellant/Bank to produce retired bank official in evidence---Evidence of such official was required for just decision of the matter and would have helped the Court to reach at proper conclusion of the same---High Court set aside order passed by Banking Court regarding closing right of appellant/Bank to produce evidence, as such order was neither based on proper exercise of jurisdiction nor based on thorough appreciation of record available before Banking Court---High Court remanded the matter to Banking Court for decision on merits after providing opportunity to parties to produce their evidence---Appeal was allowed accordingly.

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