C.M. 733/B OF 2002 ' This an application moved by the defendants Nos.1 to 4 seeking setting aside of the ex parte decree dated 26-11-1998 passed against them by the Banking Court. I have gone through the record and also the evidence of the parties led on the two issues framed in this application. It is evident from the order sheet that various summons were issued to the defendants Nos.1 to 4 and to their learned counsel, but the record shows that none of the notices was actually served on the defendants or their learned counsel. Furthermore, there is no even a report of the process serving agency that any attempt was made to serve notice on the defendants Nos.1 to 4 or their learned counsel.
2. Learned counsel for the plaintiff-Bank (respondent herein) has stated that the Manager of the Bank who appeared as a witness deposed that he had informed the defendant No,2 of the passing of the ex parte decree. This testimony alone cannot be relied upon to dismiss this application firstly because the notice issued by the Court had to be served through process serving agency. As noted above, this was not done. Secondly even if it is assumed that information of the ex parte decree was given to the defendant No,2 this cannot be imputed as knowledge of the other defendants.
3. In the foregoing circumstances, this application is allowed and the ex parte decree dated 26-11- 1998 is set aside.
4. The defendants shall within three weeks file an amended application under section 10(12) of the Financial Institutions (Recovery of Finances) Ordinance, 2001. Within a fortnight thereafter the plaintiff-Bank may submit its reply to the said application. Within a further period of ten days thereafter, if they so chose, the defendants may file a rejoinder. Re-list for arguments on 24-3- 2003.