FAYSAL BANK LIMITED vs NATIONAL ELECTRIC COMPANY PAKISTAN Ss — 2023 CLD 879 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 879 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: FAYSAL BANK LIMITED vs NATIONAL ELECTRIC COMPANY PAKISTAN 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

FAYSAL BANK LIMITED VS NATIONAL ELECTRIC COMPANY PAKISTAN Ss. 9, 10 & 22---Civil Procedure Code (V of 1908), O. IX---Suit for recovery of finance---Leave to defend the suit---Dismissal of suit for non-prosecution---During pendency of application for leave to defend the suit, Banking Court dismissed the suit for non-prosecution---Validity---When case was fixed for arguments on leave application, Banking Court could neither dismiss leave application for non-prosecution nor could it decide the suit unless leave application was decided---No limitation runs against void order---Question of limitation in respect of application seeking restoration of suit was not relevant as dismissal itself was not proper---High Court set aside order passed by Banking Court and suit was restored---Appeal was allowed accordingly.

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