| Case ID |
05b6710b-66e2-4a61-847f-1370b4059f00 |
| Body |
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| Case Number |
First Appeal No.35 of 2009 |
| Decision Date |
Nov 11, 2011 |
| Hearing Date |
|
| Decision |
The appeal was allowed, setting aside the order dated 24-3-2009, which had dismissed the execution application for non-prosecution. The court emphasized the inherent powers under section 151 of the Civil Procedure Code, allowing for the restoration of execution applications even when the specific procedural provisions do not explicitly allow it. The judges noted the necessity of evaluating whether sufficient cause had been demonstrated in support of the restoration application, ultimately restoring the application to its original position for a decision on its merits. |
| Summary |
This case revolves around the appeal filed by United Bank Limited challenging the dismissal of their execution application by the Banking Court. The High Court highlighted the inherent powers granted to courts under section 151 of the Civil Procedure Code, which allows for necessary orders to ensure justice, even in the absence of explicit procedural rules. The court underscored the importance of assessing sufficient cause for non-appearance in previous hearings, ultimately restoring the execution application to allow for a fair trial. The case illustrates the balance between procedural rules and the need for justice, showcasing the judiciary's commitment to ensuring that technical dismissals do not prevent legitimate claims from being heard. Keywords such as 'Civil Procedure Code', 'Financial Institutions Ordinance', 'execution application', and 'inherent jurisdiction' are crucial in understanding the legal implications of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
United Bank Limited,
Plastic Pack (PVT) Limited
|
| Judges |
Gulzar Ahmed,
Muhammad Ali Mazhar
|
| Lawyers |
Abdul Haleem Siddiqui,
|
| Petitioners |
Messrs UNITED BANK LIMITED through Attorneys and 2 others
|
| Respondents |
Messrs PLASTIC PACK (PVT) LIMITED and 4 others
|
| Citations |
2012 SLD 2191,
2012 CLD 239
|
| Other Citations |
PLD 1993 SC 418
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
|
| Sections |
151,
48,
9,
22
|