1994 PLP 690 (MLD)
M/s. PUNJAB COTTON MILLS LTD. Through Director and another — Petitioners Versus ALLIED BANK OF PAKISTAN LTD. and 4 others — Respondents
| Citation | 1994 PLP 690 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | M/s. PUNJAB COTTON MILLS LTD. Through Director and another — Petitioners Versus ALLIED BANK OF PAKISTAN LTD. and 4 others — Respondents |
| Primary Law | Banking Companies (Recovery of Loans) Ordinance XIX of 1979) |
Q1: What are the key laws and sections cited in 1994 PLP 690 (MLD)?
This judgment primarily cites: Banking Companies (Recovery of Loans) Ordinance XIX of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 690 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 690 (MLD) (M/s. PUNJAB COTTON MILLS LTD. Through Director and another — Petitioners Versus ALLIED BANK OF PAKISTAN LTD. and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Yaqub Khan for Petitioners.
Headnotes / Summary
S. 6(1)(a)
Civil Procedure Code (V of 1908), O.IX, R.4 & 5.115-- Jurisdiction
Suit for recovery of Bank loan, before promulgation of Banking Companies (Recovery of Loans) Ordinance, 1979, was filed in Civil Court which was dismissed in default
Application for restoration of suit
When application for restoration of suit was moved on 12-3-1987, Banking Companies (Recovery of Loans) Ordinance, 1979 had already been promulgated and Civil Court had ceased to have jurisdiction in the subject matter of suit
Banking Courts set up under the Ordinance XIX of 1979 were also vested with powers of Civil Court
Only course left for Civil Court on presentation of application for restoration of suit was to transfer it to Banking Court constituted under the Ordinance XIX of 1979
Order of Civil Court whereby it had restored suit was set aside and application for restoration of suit was remanded to Banking Court for being dealt with in accordance with law.
Judgment & Decree
Allied Bank of Pakistan, the respondent, filed a suit for recovery of Rs.27,99,838.25 against Punjab Cotton Mills etc., the petitioners herein and others in the Civil Court at Lahore. It was dismissed under Order 9, Rule 2, C.P.C. on 15-6-1978. Application for its restoration was moved under Order IX, Rule 4 on 12-3-1987 in the Civil Court which was allowed vide the impugned order dated 4-6-1987. The correctness of this order has been challenged in the present revision petition, on the plea of jurisdiction, in view of the provisions of Banking Companies (Recovery of Loans) Ordinance, 1979.
2. Learned counsel for the parties have been heard. The facts of the case are admitted. The suit was filed in the Civil Court and dismissed under Order IX, Rule 2, C.P.C. on 15-6-1978 i.e. before the Ordinance came into force (with effect from. 1-4-1979). When the restoration application under Order IX, Rule 4, C.P.C. was moved the Civil Court had ceased to have jurisdiction in such like matters and only the Special Court constituted under the Ordinance had the jurisdiction. Learned counsel for the petitioner has contended that in view of this situation the only course open for the Civil Judge was, on the presentation of the application under Order IX, Rule 4, C.P.C. to transfer it to the Special Court constituted under the Ordinance.
3. Learned counsel for the respondent has tried to counter-argue but seems to be on a weak wicket.
4. When application for restoration of the suit was moved, the Civil Court had ceased to have jurisdiction and reconciling the provisions of the Ordinance and the C.P.C. which has also been made applicable to the proceedings before the Special Court, the only course left with the Civil Judge on presentation of the application under Order IX, Rule 4, C.P.C. was to transfer it to the Special Court constituted under the Ordinance.
5. The result is that the revision petition is accepted, the impugned order of the learned Civil Judge dated 4-6-1987 is hereby set aside. The application moved by the petitioner under Order IX, Rule 4, C.P.C. dated 12-3-1987 is remanded to the Special Court (Banking) for being dealt with in accordance with law. AA./P-82/L Order accordingly,