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Petitioner: ALLAH BACHAYO VS Respondent: MANAGER, AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN, DADU BRANCH and another
Court Name: Sindh High Court Judge(s): Ghulam Rabbani, Zia Pervez Title:ALLAH BACHAYO vs MANAGER, AGRICULTURAL DEVELOPMENT BANK OF
PAKISTAN, DADU BRANCH and another Case No.: Civil Appeal No,36 of 1999 Date of Judgment:2001-09-04 Reported As: 2009 MLD 281 Result: Appeal dismissed Judgment ORDER ' This appeal has been filed against the order, dated 7-8-1999 whereby an application of the appellant filed by him after dismissal of review application has been dismissed. ' For the purpose of dismissal of this appeal the relevant facts are that the appellant had instituted Suit No,1 of 1999 for declaration, injunction and settlement of accounts. On 17-4-1999 the plaint of the plaintiff was rejected for non-payment of required court-fee stamp. The appellant moved an application for review of the said order. Trial Court, dismissed the said application vide orders, dated 24-7-1999. Against this order the plaintiff/appellant filed a Miscellaneous Application seeking recall of the said order which has been dismissed by learned trial Court vide impugned order, dated 7-8-1999 in the following terms:- "Heard, Advocate for parties. This application has been filed after dismissal of Review Application. If the applications of present nature are entertained the very purpose of creating Banking Courts would be frustrated. The plaintiff appears to be defaulter, he in order to avoid the payment of dues of the Bank has come to the Court with request to avert the payment by him. There is no provision under Banking Laws. Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 to recall, alter and or correct order already passed. Hence, I find no cogent ground for entertaining the application dismiss the same." ' We have heard learned counsel for appellant who has not pressed into service any tangible ground in support of this appeal which stands dismissed in limine accordingly.