| Case ID |
05076585-1f78-44f3-a072-b451f0977f4d |
| Body |
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| Case Number |
F.A.O. No.161 of 2004 |
| Decision Date |
Apr 07, 2005 |
| Hearing Date |
|
| Decision |
The appeal was dismissed based on the finding that the appellant failed to provide sufficient evidence to support his claim of being misled about the hearing date. The court noted that the appellant's counsel had been present on the day the application was dismissed and that the appellant's claims were contradictory. The Banking Court's decision to dismiss the application for restoration was upheld, as the appellant could not demonstrate a plausible reason for his absence, and the plea of misunderstanding was deemed fabricated. |
| Summary |
In the case of F.A.O. No.161 of 2004, the Lahore High Court dealt with an appeal regarding the dismissal of an application to set aside an ex parte decree. The appellant, Zubair Ahmed, had failed to appear in court, leading to a judgment in favor of the respondent, Habib Bank Limited. The appellant claimed that a misunderstanding about the hearing date led to his absence, but the court found no credible evidence to support this claim. The judges emphasized the need for clear communication between lawyers and their clients and pointed out the contradictions in the appellant's arguments. The decision reinforces the importance of due diligence in legal proceedings and the consequences of failing to appear in court. It serves as a reminder for legal practitioners to maintain accurate records and communication with their clients to avoid similar situations. The ruling highlights the court's commitment to upholding procedural integrity and ensuring that justice is served based on factual evidence rather than claims without substantiation. |
| Court |
Lahore High Court
|
| Entities Involved |
HABIB BANK LIMITED
|
| Judges |
MUHAMMAD MUZAMMAL KHAN,
SYED SHABBAR RAZA RIZVI
|
| Lawyers |
Mian Muhammad Nawaz,
Ch. Muhammad Arshad Mahloo
|
| Petitioners |
ZUBAIR AHMED
|
| Respondents |
HABIB BANK LIMITED
|
| Citations |
2005 SLD 1676,
2005 CLD 1251
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001
|
| Sections |
9,
10,
12
|