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Declaratory suit cannot effect the case of bank below

Banking & Corporate2012
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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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