| Case ID |
ec207723-4884-477d-84e1-b61a626c4c91 |
| Body |
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| Case Number |
Regular First Appeal from Order No. 73 of 1991 |
| Decision Date |
May 13, 2002 |
| Hearing Date |
May 13, 2002 |
| Decision |
The Lahore High Court allowed the appeal filed by the National Bank of Pakistan against the Banking Court's decision to reject the plaint. The court found that the Banking Court had erred in dismissing the plaint without considering the evidence on record. The court emphasized that for determining the cause of action, the plaint must be examined alongside the evidence presented by both parties. Consequently, the Banking Court's judgment was set aside, and the case was remanded for a fresh decision, allowing the parties to present additional evidence as necessary. This decision underscores the importance of thorough examination of evidence in legal proceedings, particularly in cases involving financial disputes. |
| Summary |
In this landmark case adjudicated by the Lahore High Court, the National Bank of Pakistan challenged the Banking Court's decision to reject its plaint regarding the recovery of loans. The case revolved around the bank's allegations of misappropriation by the respondents, who had pledged stocks of rice as collateral for a loan. The court highlighted the critical role of evidence in establishing a cause of action, reiterating that a plaint should not be summarily dismissed without due consideration of the facts and evidence presented. The ruling emphasized the necessity for judicial bodies to conduct thorough examinations before arriving at decisions that affect financial institutions and their clients. This case serves as a significant reference for legal professionals dealing with banking and financial litigation, reinforcing the principles of due process and fair trial. The decision also reflects broader themes of accountability and transparency in financial dealings, making it a vital case for both practitioners and scholars in the legal arena. |
| Court |
Lahore High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN,
Rice Milling Corporation of Pakistan,
YAQOOB RICE MILLS
|
| Judges |
MAULVI ANWARUL HAQ,
PARVEZ AHMED
|
| Lawyers |
Ch. Irshad Ullah Chatta,
Ch. Muzammal Khan,
Sh. Abdul Hameed
|
| Petitioners |
NATIONAL BANK OF PAKISTAN
|
| Respondents |
5 others,
Messrs YAQOOB RICE MILLS,
Partners 2 to 5
|
| Citations |
2002 SLD 2254,
2002 CLD 1306
|
| Other Citations |
Not available
|
| Laws Involved |
Banking Companies (Recovery of Loans) Ordinance (XIX of 1979),
Civil Procedure Code (V of 1908)
|
| Sections |
7,
12,
O.VII, R.11
|