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Petitioner: Mst. SAMINA RIAZ VS Respondent: PLATINUM COMMERCIAL BANK LIMITED through Manager
Court Name: Lahore High Court Judge(s): Jawwad S. Khawaja, Abdul Shakoor Paracha Title: Mst. SAMINA RIAZ vs PLATINUM COMMERCIAL BANK LIMITED through Manager Case No.: Regular First Appeal No,617 of 2001 Date of Judgment:2002-03-26 Reported As: 2002 CLD 1002 Result: Appeal allowed
JUDGMENT
JUDGMENT ' JAWWAD S. KHAWAJA, J.---This appeal has been filed by Mst. Samina Riaz, who was defendant No,2 before the learned Banking Court No,II, Lahore. It impugns the order, dated 3-4-2001, whereby the suit filed by the respondent-Bank was decreed against all the defendants. The learned Banking Court while passing the impugned order observed that the appellant-defendant had not filed any application seeking leave to appear and defend. We have examined the original record and note that Mst. Samina Riaz had, in fact, submitted an application, which is on the record of the learned Banking Court. Furthermore, even on the date of the impugned order, i,e, 3-4-2001, she was represented by a counsel whose presence has been noted in the order. In these circumstances, we are of the view that Mst. Samina Riaz, appellant, who had submitted an application seeking leave to appear and defend, was entitled to be heard on such application. In this view of the matter, we set aside the impugned judgment and decree, dated 3-4-2001 to the extent of appellant Mst. Samina Riaz only. Since Mst. Samina Riaz and the respondent Bank are both represented before us, they are directed to appear before the learned Banking Court No,II, Lahore on 10-4-2002. Thereafter, the learned Banking Court shall proceed to decide the application seeking leave to appear and defend, filed by Mst. Samina Riaz, after hearing the parties. This shall be done within a period of one month starting from 10-4-2002. ' This appeal is allowed in the above terms.