1. ATA-UR-REHMAN, J.---This is an appeal under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, against the order passed on 5-7-2004 on an application under Order XXI, rules 58 and 60, read with sections 47 and 151, filed on behalf of the appellant in Execution No.23 of 2000, whereby the learned Presiding Officer of Banking Court No.2, Karachi, dismissed the same.
2. The learnt. 1 counsel for the appellant mainly contested the impugned order on the ground that the appellant had not been provided an opportunity to establish the contentions raised in the said application. He submitted that had there been a full-fledged investigation or inquiry by the learned Presiding Officer, his grievance would have been removed.
3. On the other hand, Mr. M. A. Khan, learned counsel for respondent No.1, fully supported the impugned, order and submitted that there is no justification for interference.
4. We have examined the impugned order and found that the Presiding Officer, instead of making an investigation or inquiry into the assertions made by the appellant in her said application, as required by law, summarily dismissed the same on extraneous considerations and personal assumptions as to the society's structure which, perhaps, was not called for Mr. M.A. Khan Advocate has not been able to rebut the above situation.
5. In these circumstances, the appeal is . admitted and allowed and the case is remanded back to the learned trial Court for decision afresh on the application under Order XXI, rules 58 and 60 read with sections 47 and 151, C.P.C., which shall be deemed to be pending. according to law.