Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: NASIM 1QBAL MALIK and anothers VS Respondent: MUSLIM COMMERCIAL BANK LIMITED through Chief Manager and 3 others
Court Name: Lahore High Court Judge(s): Jawwad S. Khawaja, Mian Saqib Nisar Title:NASIM 1QBAL MALIK and anothers vs MUSLIM COMMERCIAL BANK LIMITED
through Chief Manager and 3 others Case No.: First Appeal from Order No,105 of 2002 Appeal from Order No,105 of 2002 Date of Judgment:2003-01-29 Reported As: 2004 CLD 806 Result: Appeal disposed of Judgment ORDER ' Learned counsel for the appellants states that as per the statement of defendant No,3 for himself and on behalf of defendant No,1 the company, the suit was only decreed, with the consent of the counsel for the Bank, to the extent of said defendants; neither any consent was given by the appellants nor any judgment was passed against them, resulting into the consent decree, therefore, the decree against the appellants was erroneous, therefore, appellants moved an application for the correction of the decree, which has been illegally passed and does not correspond to the consent judgment, whereas it necessarily had to follow the same. It is further stated that the application for leave to appear and defend, filed by the appellants was yet pending and the same should have been independently decided by the Court, irrespective of the consent of the other defendants, recorded by the Court on 6-10-1996. 2. Confronted with the above, learned counsel for the respondents has no objection, if it is declared that the decree against the appellants does not follow the judgment dated 6-10-1996; the application of the appellants for leave to appear and defend shall be deemed pending and the Tribunal shall decide the same afresh after hearing the parties. 3. In the light of above, the decree dated 6-10-1996 against the present appellants is set aside, with the observation that their leave application shall be deemed pending and shall be decided by the learned Banking Court within a period of two months, after hearing the parties. It may further be added that decree against rest of the defendants, as it has not been challenged, shall remain intact. Disposed of.