| Case ID |
22dea09c-4b98-445c-a742-70ddebdcbff5 |
| Body |
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| Case Number |
Writ Petition No. 13947 of 1997 |
| Decision Date |
Oct 10, 2001 |
| Hearing Date |
Oct 10, 2001 |
| Decision |
The Lahore High Court accepted the constitutional petition filed by the Agricultural Development Bank of Pakistan, setting aside the orders dated 15-05-1996 and 21-07-1996. The court found that the Banking Tribunal had acted beyond its jurisdiction by directing the bank to remit mark up and that the application to set aside the ex parte decree was filed by a person with no connection to the case. The High Court ruled that the ex parte decree had attained finality as the original parties had not sought to overturn it. The execution petition filed by the bank was deemed pending and would be processed according to the law, reinforcing the principle that only parties to a decree can challenge it. |
| Summary |
This case revolves around a constitutional petition filed by the Agricultural Development Bank of Pakistan challenging previous orders related to an ex parte decree. The court addressed several key issues including the jurisdiction of the Banking Tribunal, the validity of applications filed by unauthorized individuals, and procedural irregularities concerning the execution of decrees. The ruling emphasized the legal principle that only parties to a decree have the standing to challenge it. The High Court's decision to set aside the impugned orders reinstates the authority of the Banking Tribunal while clarifying the procedural requirements for filing applications. This case highlights the importance of adhering to legal protocols in the execution of judgments and the necessity for parties to engage in proper legal representation. The judgment serves as a critical reference for future cases involving banking laws and procedural compliance, ensuring that legal practitioners understand the boundaries of jurisdiction and the significance of party representation in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN,
Banking Tribunal
|
| Judges |
MIAN HAMID FAROOQ, J
|
| Lawyers |
Syed Haider Ali Shah for Petitioner,
Nemo for Respondents
|
| Petitioners |
AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN through Manager
|
| Respondents |
4 others,
Mst. RUKHSANA
|
| Citations |
2002 SLD 2125,
2002 CLD 407
|
| Other Citations |
Not available
|
| Laws Involved |
Banking Tribunals Ordinance (LVIII of 1984),
Constitution of Pakistan (1973)
|
| Sections |
6,
6(5),
10,
11,
199
|