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Petitioner: MANZOOR AHMED and 3 others VS Respondent: CHAIRMAN, AGRICULTURE DEVELOPMENT JUDGMENT
Court Name: Lahore High Court Judge(s): Jawwad S. Khawaja, Abdul Shakoor Paracha Title:MANZOOR AHMED and 3 others vs CHAIRMAN, AGRICULTURE DEVELOPMENT
JUDGMENT
Reported As: 2002 CLD 1267 Result: Order accordingly Judgment JUDGMENT ' JAWWAD S. KHAWAJA. J. ---The points, on which the present appeal was admitted to regular hearing, have been noted in the admitting order, dated 14-3-2002. 2. The appellants had filed a suit seeking rendition of accounts. Pursuant to orders of the Banking Court they have deposited a sum of Rs, 65,000 in Court. However, their suit was dismissed on the ground that they had not deposited a further sum in accordance with an order, dated 6-12-2001 passed by the Banking Court. 3. The contention of the learned counsel for the appellants-plaintiffs is that the suit for rendition of accounts could not have been dismissed nor in fact could the learned Banking Court have ordered the appellant to deposit any amount. This contention is well-founded. There is no legal justification for ordering deposit of any amount by a plaintiff where the plaintiff seeks rendition of accounts. In fact, the requirement for depositing any amount constitutes a clog on the right of a citizen to seek legal redress. ' In the above circumstances, this appeal is allowed and .The order of the learned Banking Court, dated 26-2-2002 is set aside. As a result, the suit of the plaintiff-appellant shall be deemed to be pending before the learned Banking Court. It shall be decided on merits in accordance with law. ' The appeal is decided in the above terms.