SILK BANK LIMITED vs ZAFAR MEHMOOD SHAIKH Ss — 2023 CLD 1040 KARACHI-HIGH-COURT-SINDH

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SILK BANK LIMITED VS ZAFAR MEHMOOD SHAIKH Ss. 9 & 22---Civil Procedure Code (V of 1908), O.XX, Rr. 4 & 5---Suit for recovery of finance---Appreciation of evidence---Judgment---Failure to give reasons---Appellant/Bank was aggrieved of judgment and decree passed against it by Banking Court---Validity---Issues were decided by Banking Court only on the basis of affidavit-in-evidence without giving own findings and recording own reasons before deciding the two issues in affirmative---Decision on three issues, having factually admitted position, was given accordingly, as such issues did not require any deliberation/decision on the part of Banking Court---For decision on remaining issues, Banking Court either reproduced facts of case, extracts from depositions, cross-examination, or contents of letters furnished during the course of arguments---Judgment, to some extent, lacked independent decision on the issues---Though Banking Court was justified in reproducing contents of affidavit-in-evidence, cross-examination, other depositions, contents of letters, etc. and other various documents produced before it but judgment should also carry reasons for deciding issues, which aspect was lacking in the matter---Though judgment was quite elaborate in nature but the same mainly contained reproductions, and aspects of giving reasoning of eleven issues framed in the matter were wanting---Banking Court did not properly adjudicate upon the matter which needed proper decision on the issues so framed in the suit---High Court set aside judgment and decree passed against appellant/Bank and matter was remanded to Banking Court for decision afresh---High Court directed Banking Court to give independent reasonings and decision on the issues except those which were factually admitted---Appeal was allowed accordingly.

SILK BANK LIMITED vs ZAFAR MEHMOOD SHAIKH Ss — 2023 CLD 1040 KARACHI-HIGH-COURT-SINDH

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