| Case ID |
435693c5-fcd2-4fb7-a66e-f55645c1faae |
| Body |
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| Case Number |
Regular First Appeal No.359 of 1996 |
| Decision Date |
Aug 06, 2002 |
| Hearing Date |
Aug 06, 2002 |
| Decision |
The Lahore High Court allowed the appeal of the appellant Bank, permitting them to amend the plaint due to clerical errors that had affected the original decision. The court found that all defendants, including the third defendant, were jointly liable, and the previous judgment against the third defendant was set aside. The case was remanded to the Banking Court for a proper hearing based on the amended plaint, ensuring that the matter would be resolved in accordance with the law. This decision emphasizes the importance of accurately reflecting all parties' liabilities in legal documents and the court's willingness to correct clerical mistakes for the sake of justice. |
| Summary |
In the case of Regular First Appeal No.359 of 1996, the Lahore High Court addressed an appeal by HABIB BANK LIMITED against a decision of the Banking Tribunal. The Tribunal had decreed the suit against two defendants while dismissing it against the third, citing a clerical error in the plaint. The High Court found that all defendants were jointly liable for the loan amount, allowing the Bank to amend its plaint and remanding the case back for proper adjudication. This ruling underscores the significance of meticulous documentation in legal proceedings and the court's role in rectifying errors to ensure equitable outcomes. Such cases highlight the intersection of banking law and civil procedure, providing vital insights for legal practitioners and entities involved in financial disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
HABIB BANK LIMITED,
Messrs MEHMOOD SABRI BUSINESS CORPORATION
|
| Judges |
MAULUI ANWARUL HAQ,
PARVEZ AHMAD
|
| Lawyers |
Shams Mehmood Mirza
|
| Petitioners |
HABIB BANK LIMITED
|
| Respondents |
,
Messrs MEHMOOD SABRI BUSINESS CORPORATION
|
| Citations |
2003 SLD 2840,
2003 CLD 51
|
| Other Citations |
Not available
|
| Laws Involved |
Banking Tribunals Ordinance (LVIII of 1984),
Civil Procedure Code (V of 1908),
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
|
| Sections |
6,
9,
O. VI, R.17,
9
|