| Case ID |
205c1a78-6950-40e1-a299-78c003a4c481 |
| Body |
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| Case Number |
Civil Petition No. 100 of 1981 |
| Decision Date |
Jan 25, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of the Lahore High Court. The court held that the order requiring the petitioners to deposit the entire amount claimed in cash as a condition for leave to defend was not against any law or principle of law. The court noted that the petitioners had maintained a loan with the bank and had executed documents confirming the amount due. The court also remarked that the arguments regarding the loan amount being composed mainly of interest had not been raised before the lower courts and thus could not be entertained at this stage. Consequently, the petition was dismissed without granting the leave to appeal. |
| Summary |
This case involves a civil petition for leave to appeal against a judgment of the Lahore High Court concerning a loan recovery suit initiated by United Bank Ltd against Messrs Mairaj Sons. The Supreme Court of Pakistan addressed several legal issues, including the admissibility of points not raised in lower courts and the conditions imposed for defending a suit. The court emphasized that the petitioners were required to deposit the claimed amount in cash to defend themselves, which was deemed lawful. The court's decision reinforces the principle that parties must adhere to procedural requirements in civil litigation, particularly in banking cases. This case highlights the complexities of loan recovery laws in Pakistan, particularly under the Banking Companies (Recovery of Loans) Ordinance. Keywords: loan recovery, banking law, Supreme Court of Pakistan, legal proceedings, civil litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
UNITED BANK Ltd
|
| Judges |
KARAM ELAHEE CHAUHAN,
NASIM HASAN SHAH
|
| Lawyers |
Mr. Raza Kazim
|
| Petitioners |
Messrs MAIRAJ SONS
|
| Respondents |
UNITED BANK Ltd
|
| Citations |
1985 SLD 660,
1985 SCMR 987
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Banking Companies (Recovery of Loans) Ordinance (XIX of 1979),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
S.7,
O.XXXVII, r.3(2)
|