Sunday, 5 August 2012

Declaratory suit cannot effect the case of bank below


Citation Name  : 2005  CLD  1083     LAHORE-HIGH-COURT-LAHORE
  Side Appellant : Messrs MALIK ISRAR SALIM & BROTHERS through Proprietor
  Side Opponent : ALLIED BANK OF PAKISTAN LTD.




---Ss.9 & 10---Recovery of bank loan ---Leave to appear and defend the suit, grant of---Pendency of declaratory suit filed by borrowers against the bank---Plea raised by the bank was that on account of grant of leave to the bank in declaratory suit, the borrowers were not entitled to grant of leave auto matically---Validity---It was for the Banking Court to apply its independent mind to both the cases and decide the matter in accordance with law---Any order passed by High Court in declaratory suit filed by borrowers would not affect the case of the bank in circumstances.


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