563/2007 Suit MCB Bank Limited (Plaintiff) V/S EMAD UL HASAN (Defendant)

Sindh High CourtBanking & Corporate2024

Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)

563/2007 Suit MCB Bank Limited (Plaintiff) V/S EMAD UL HASAN (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 01-FEB-24

Plaintiff-Bank elected to proceed against Customer for recovery of loan in the ordinary civil jurisdiction. The trial court never framed any issue of jurisdiction, and parties had concluded evidence. Appellate Court framed issue of jurisdiction to be decided by the trial court. Defendant urged that returning the Plaint to the Banking Court after 16 years would be tantamount to failure of justice. Principles discussed in unreported Judgement dated 11.01.2024 in High Court Appeal No.129 of 2017, Nooruddin & others Versus M/s Sindh Industrial Trading Estate & others applied. The factor of delay may be one of the considerations when examining the question of territorial and pecuniary jurisdiction but not subject-matter jurisdiction. Delay in identifying subject-matter jurisdiction may not be considered as a failure of justice as set out in Section 21 of CPC.

Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.

This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error, let us know.

563/2007 Suit MCB Bank Limited (Plaintiff) V/S EMAD UL HASAN (Defendant)

Related judgments

Admission must be clear, specific and unambiguous

Const. P. 6075/2024 (D.B.) Amir Rehman V/S Govt of Sindh & Others

1630/1998 Suit NOTHERN POLYTHENE LTD (NPL) (Plaintiff) V/S NAT BANK OF PAK & ORS (Defendant)

71/2008 Suit.B SONERI BANK LTD (Plaintiff) V/S CLASSIC DENIM MILLS PVT LTD (Respondent)

3/2013 I. A Soofi Rice Mills & Others (Appellant) V/S N.B.P & Others (Respondent)