63/2007 Suit.B NATIONAL BANK OF PAKISTAN (Plaintiff) V/S RAJA TRADERS & ORS. (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 16-APR-15
Under the parameters of Financial Institutions (Recovery of Finances) Ordinance, 2001 the defendant is entitled for a relief if question of law and fact is being established. Article 10-A of the constitution of Islamic Republic of Pakistan no doubt provides an opportunity of fair trial but it does not amount to a trial of a suit where neither any question of law nor a fact was established. Article 10-A of the constitution of Islamic Republic of Pakistan also provides for the determination of a civil right and the obligation. Once the due process as required in terms of Financial Institutions (Recovery of Finances) Ordinance, 2001 is adopted and the defendant is before the Court for redressal of his grievance, all he has to do is to establish the question of fact and law for determination of civil right and obligation, which is to be determined by the Court. In terms of Section 10(3) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 the application for leave to defend is supposed to be in the form of written statement which shall be containing summary of substantial question of law as well as fact in respect of which in the opinion of defendant, evidence needs to be recorded..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.
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