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MUHAMMAD NAVEED vs HABIB BANK LIMITED Ss — 2024 CLD 648 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLD 648 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLD
Parties
MUHAMMAD NAVEED vs HABIB BANK LIMITED Ss
Subject matter
Civil
Provisions referred to
S. 2; S. 9; Books Evidence Act (XVIII of 1891); Books Evidence Act

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

MUHAMMAD NAVEED VS HABIB BANK LIMITED Ss.9, 10 & 22---Bankers' Books Evidence Act (XVIII of 1891), S.2(8)---Recovery of finance---Leave to defend suit, grant of---Statement of accounts---Admissibility---Appellant / defendant was aggrieved of judgment and decree passed by Banking Court on the plea that statement of accounts produced by respondent / bank was not in compliance of S. 2(8) of Bankers' Books Evidence Act, 1891---Validity---Statement of accounts on the basis of which suit was decreed was disputed and could not be relied upon as it had become a case of evidence---Where defects in statement of accounts were pointed out, even on such score alone leave should have been granted by virtue of requirement of S.9 of Financial Institutions (Recovery of Finances) Ordinance, 2001---High Court set aside judgment and decree passed by Banking Court as the same was passed without looking at applicability of statement of accounts in that form---High Court granted leave to defend the suit and remanded the matter to Banking Court for trial in accordance with law---Appeal was allowed accordingly.

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