| Case ID |
14a7a423-ec93-4cf1-bc90-5878ae44c481 |
| Body |
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| Case Number |
C.O.S. Nos.128, 129, 133 and 134 of 2012 |
| Decision Date |
Dec 27, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court, presided over by Justice Syed Mansoor Ali Shah, rejected the plaint filed by Gulistan Textile Mills Ltd. against Askari Bank Ltd. and other defendants under Order VII, Rule 11 of the Civil Procedure Code. The court determined that the plaint did not disclose a cause of action, indicating that it was vague and generalized. The court emphasized the necessity for a plaint to meet specific standards under the Financial Institutions (Recovery of Finances) Ordinance, 2001, particularly in demonstrating a clear contractual relationship and quantifiable defaults. Consequently, the court decided that the plaint was a non-starter and should be dismissed to prevent pointless litigation occupying court time. |
| Summary |
In the significant ruling of Gulistan Textile Mills Ltd. vs. Askari Bank Ltd. before the Lahore High Court, the court addressed critical aspects of plaint standards under the Civil Procedure Code and the Financial Institutions (Recovery of Finances) Ordinance. The plaintiff's suit, which aimed to seek redemption of security and recovery of damages from multiple financial institutions, was rejected for failing to disclose a valid cause of action. The ruling highlighted the importance of precise pleadings and the necessity for the plaint to clearly articulate the nature of the default in the context of finance agreements. The court's decision serves as a pivotal reference for future cases involving financial disputes, emphasizing the importance of adhering to established legal standards to ensure judicial efficiency and prevent frivolous litigation. This case underscores the need for litigants to furnish detailed accounts of their claims, particularly in financial disputes, to facilitate the court's ability to adjudicate effectively. |
| Court |
Lahore High Court
|
| Entities Involved |
GULISTAN TEXTILE MILLS LTD.,
ASKARI BANK LTD.
|
| Judges |
SYED MANSOOR ALI SHAH, J
|
| Lawyers |
Salman Butt,
Munawar-us-Salam,
Shahzad A. Elahi,
Mansoor Ali Ghangro,
Serjeel Mowahid,
Barrister Hassan Nawaz,
Salman Akram Raja,
Barrister Haroon Dugal,
Imtiaz Rasheed Siddiqui,
Barrister Shehryar Kasuri,
Akhtar Javaid,
Muhammad Akram Pasha,
Ashar Elahi,
Salman Faisal,
Umer Liaqat,
Ms. Farrah Malik,
Majid Ali Wajid,
Arshad Nazir Mirza,
Abdul Hameed Chohan,
Imran Muhammad Sarwar,
Rana Haseeb Ahmad Khan,
Mrs. Samia Faiz Durrani,
Muhammad Aqeel Malik,
Kazim Hasan
|
| Petitioners |
GULISTAN TEXTILE MILLS LTD.
|
| Respondents |
Defendant No. 2,
Defendant No. 5,
Defendant No. 13,
ASKARI BANK LTD.,
Defendant No. 1,
Defendant No. 10,
Defendant No. 11,
Defendant No. 12,
Defendant No. 16,
Defendant No. 17,
Defendant No. 18,
Defendant No. 20,
Defendant No. 23,
Defendant No. 28,
Defendant No. 31,
Defendant No. 29
|
| Citations |
2013 SLD 2155,
2013 CLD 2005
|
| Other Citations |
2007 CLD 778,
1997 MLD 2394,
2004 CLD 726,
2004 CLD 1645,
2005 CLD 653,
2006 CLD 946,
2007 CLC 344,
PLD 2012 SC 247,
1994 SCMR 826,
1995 SCMR 459,
2002 SCMR 338,
PLD 2008 SC 371,
2003 CLD 363,
2003 CLD 1601,
2007 SCMR 741,
2004 CLC 1340,
AIR 2003 SC 759,
AIR 1987 SC 1926,
1998 2 SCC 70,
PLD 1967 Dacca 190
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
|
| Sections |
O. VII R. 11,
S. 7(2),
S. 9,
S. 10(8)
|