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NIB BANK LIMITED vs PASBAN AGRO CHEMICALS COMPANY Ss — 2023 CLD 1131 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLD 1131 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLD
Parties
NIB BANK LIMITED vs PASBAN AGRO CHEMICALS COMPANY Ss
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

NIB BANK LIMITED VS PASBAN AGRO CHEMICALS COMPANY Ss. 9, 10 & 22---Civil Procedure Code (V of 1908), O. XVII, R. 3---Suit for recovery of finance---Leave to defend the suit---Dismissal of suit for non-production of evidence---Scope---Appellant/Bank was aggrieved of dismissal of suit for failure to produce evidence on date fixed---Validity---Time must be granted by Court at the request of defaulting party---If time was not granted by Banking Court for production of evidence at the instance of the party against whom order was required to be made, then penal provision of O. XVII, R. 3, C.P.C. would not be applied against such party though in default on next date---Banking Court could have adjourned the matter subject to deposit of cost before taking extreme measures of closing the right of evidence---Provision of law, regarding closing of right of evidence, required grater care on the part of the Court, as it would shut out one party to defend itself and virtually it would be at the mercy of other party to do justice between the parties---High Court set aside the order passed by Banking Court and restored the suit and provided one opportunity to appellant/Bank to produce its evidence--- Appeal was allowed accordingly. O. XVII, R. 3--- Word "forthwith"--- applicability--- Word "forthwith" means without any further adjournment yet it cannot be equated with the words "at once pronounce the judgment".

Other judgments reported in 2023 CLD

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