1/2024 I. A Ali Raza Mugheri (Appellant) V/S Ghulam Rasool Abro and Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Saleem Jessar, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
1/2024 I. A Ali Raza Mugheri (Appellant) V/S Ghulam Rasool Abro and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Saleem Jessar, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 13-MAR-24
Banking Court assessed whether the Customer had any cause of action based on facts alleged and documents filed by the Financial Institution with its application for leave to defend. The Banking Court did not decide the leave to defend application and dismissed the suit based on finding no cause of action. The Banking Court had to assess the issue of cause of action based on the Plaint filed by the Customer. The customer's Appeal was allowed. The Banking Court to decide the leave to defend application first which may well include the issue of cause of action.