MUHAMMAD FAROOQ vs ZARAI TARAQIATI BANK LIMITED Ss — 2023 CLD 1486 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD FAROOQ VS ZARAI TARAQIATI BANK LIMITED Ss. 9, 10 & 22---Qanun-e-Shahadat (10 of 1984), Arts. 48 & 72---Bankers' Books Evidence Act (XVIII of 1891), S. 4---Suit of recovery of finance---Leave to defend suit, grant of---Absence of original documents--- Duplicate file--- Scanned document---Scope---Appellant/ plaintiff was not granted leave to defend the suit and Banking Court passed decree in favour of respondent/Bank on the basis of duplicate file containing scanned document, which file was retained by respondent/Bank in its records---Validity---Whether duplicate file could be treated as good as its original file or not, or its' substitute and whether such documents could be treated as primary evidence or were required to be established through secondary evidence, were the questions which were required to have been determined---Safekeeping of documents was also question which could have bearing upon final judgment to be arrived at in the matter---Appellant/plaintiff had repaid previous loan in year 2019 in which original pass book/finance document were returned to him and remaining documents including NOC were promised to be issued by respondent/Bank including letter of redemption, etc.---No new loan was obtained by him in year 2019 and non-availability of original file with respondent/Bank, entitled appellant/plaintiff for grant of leave to defend as the same had raised substantial question of law and fact requiring recording of evidence for determination---Such aspect of the matter was not considered by Banking Court---High Court set aside judgment and decree passed against appellant/plaintiff who was granted leave to defend and matter was remanded to Banking Court for decision of the matter afresh on its own merits in accordance with law---Appeal was allowed accordingly.

MUHAMMAD FAROOQ vs ZARAI TARAQIATI BANK LIMITED Ss — 2023 CLD 1486 LAHORE-HIGH-COURT-LAHORE

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