Mian SADIQ HUSSAIN vs ALLIED BANK PAKISTAN LIMITED Ss — 2024 CLD 883 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 CLD 883 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: CLD
Parties: Mian SADIQ HUSSAIN vs ALLIED BANK PAKISTAN LIMITED Ss
Subject matter: Criminal

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

Mian SADIQ HUSSAIN VS ALLIED BANK PAKISTAN LIMITED Ss. 9 & 22---Suit for declaration and recovery of damages---Non-appearance as witness---Presumption---Appellants / plaintiffs being customers of respondent / defendant bank alleged that their fix deposit receipts were unauthorizedly encashed---Trial Court dismissed the suit---Validity---One appellant / plaintiff denied relationship of customer altogether and the other opted not to support his case on oath by appearing as witness, therefore, adverse presumption was raised against him---There was no plausible or cogent explanation in the evidence of appellants / plaintiffs as to what occasioned such deposit receipts to be placed with bank and what in specific was "Amanat" or entrustment which could be referred to that necessitated and which had prevented the respondent / defendant bank from adjusting amounts to settle outstanding liability so as to establish any foundational breach of trust, any contract or specifically unjustified encashment as was claimed---Issue-wise findings concluded that appellants / plaintiffs failed to prove their case and the suit was rightly dismissed by Trial Court---High Court declined to interfere in the judgment and decree passed by Banking Court as there was no misreading and non-reading of evidence nor there was any legal infirmity or jurisdictional defect---Appeal was dismissed, in circumstances.

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