ABDUL HAQ KHAN vs BANK OF PUNJAB Ss — 2023 CLD 290 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 290 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: ABDUL HAQ KHAN vs BANK OF PUNJAB Ss
Subject matter: Civil
Provisions referred to: S. 9

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

ABDUL HAQ KHAN VS BANK OF PUNJAB Ss. 9 & 22---Suit for recovery of Bank loan---Signing and verification of plaint---Authority---Proof---Appellant/defendant assailed judgment and decree passed by Banking Court on the ground that suit was not instituted by a competent person having authority---Validity---Plaint was not accompanying any power of attorney and the same was not instituted by manager---Banking Court specifically framed an issue as to the authority for institution of plaint and its verification---Respondent/plaintiff/Bank produced one witness and brought on record as many as sixteen (16) documents including a letter in favour of witness to give evidence but failed to produce any document showing that the person who instituted the suit and verified the plaint, had any such authority or power as required under S. 9 of Financial Institutions (Recovery of Finances) Ordinance, 2001---High Court set aside judgment and decree passed by Banking Court as institution of suit or verification of the plaint was not in accordance with S. 9 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Appeal was allowed in circumstances.

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