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Petitioner: ALAM ALI SYED VS Respondent: UNITED BANK LTD., LAHORE and another
Court Name: Supreme Court of Pakistan Judge(s): Saleem Akhter, Abdul Qadeer Chaudhry Title: ALAM ALI SYED vs UNITED BANK LTD., LAHORE and another Case No.: Civil Petition No, 395-L of 1993 Date of Judgment:1994-05-08 Reported As: 1995 SCMR 936 Result: Leave refused
Judgment ORDER ' SALEM AKHTAR, J.---The petitioner seeks leave to appeal against the order of the learned Judges of the High Court whereby the appeal filed by the petitioner under section 9 of the Banking Tribunal Ordinance, 1984 was dismissed. 2. The respondent (United Bank Ltd.) filed a suit for recovery of loan advanced to the petitioner, which was decreed ex parte on 17-3-1992. An application for setting aside the ex parte decree was filed on 22-6-1992 pleading inter alia that the petitioner was not served and as such the ex parte decree was null and void. The respondent-Bank contested it and pleaded that the decree was passed in the presence of the learned counsel for the petitioner and was not an ex parte decree. On 14-2-1993 when the application was fixed for hearing, no one appeared on behalf of the petitioner and the same was dismissed in default. The petitioner filed an application for restoration of the application for setting aside the decree, which was rejected by the learned Tribunal. The petitioner filed appeal before the High Court, which was also dismissed by the impugned order. 3. The learned counsel contended that there was sufficient ground for restoring the application for setting aside the ex parte decree and therefore the order is liable to be set aside. The learned Judges of the High Court taking note of the entire proceedings that the application for setting aside the ex parte decree was filed beyond period of limitation and further the application for restoration of the said application was also dismissed and there being no sufficient cause for setting aside the order, dismissed the appeal. There is hardly any ground on which the impugned order can be attacked. We refuse to grant leave.