' Adil Mahmood, appellant has filed this appeal against the order dated 8-9-2003 passed by learned Judge Banking Court No,3, Lahore whereby application under section 12 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 brought by appellant for setting aside ex parte decree dated 3-10-2001 was dismissed.
2. Relevant facts for the disposal of this appeal are that Atlas Leasing Limited (respondent No,1) brought a suit for recovery of Rs,22,660,544 with mark-up and liquidated damages against the appellant and others. The appellant and other defendants appeared before learned trial Court and filed application for leave to appear and defend the suit but thereafter they became absent, therefore they were proceeded against ex parte and their application for leave to appear and defend the suit was dismissed for non-prosecution and suit brought by respondent was accordingly decreed vide judgment dated 3-10-2001. The appellant appeared before learned trial Court and filed application under section 12 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 for setting aside ex parte order dated 3-10-2001 and stated that no notices/summons were received by him. He further stated that he was resident of Adil House No,213, Street No,10, Cavalry Ground Ext. Lahore Cantt., Lahore but despite having knowledge of his correct address his wrong address was mentioned in the plaint, therefore, no summons on the said address were ever issued and served upon him. Respondent/plaintiff resisted the application. The respondent mentioned in reply that appellant had knowledge of institution of the suit who subsequently filed petition for leave to appear and defend the suit and power of attorney and that service was duly effected. After hearing the parties learned trial Court dismissed the application brought by appellant vide order dated 8-9-2003. Hence, this appeal.
3. We have heard the arguments and perused the record.
4. As mentioned above, respondent No,1 had filed suit for recovery of Rs,22,660,544 against the appellant and others and the same was decreed ex parte vide judgment dated 3-10-2001.
Thereafter on 13-7-2002 appellant filed application for setting aside ex parte decree on the grounds that no service was effected upon him and that in plaint respondent/plaintiff had not mentioned his correct address. The case of appellant is that he resided in Cavalry Ground Ext.
Lahore (House No,213. Street No,10) but no notice was issued at his address. However learned counsel for respondent No,1 submits that appellant resides at the address given in the plaint. He contended that even in the present appeal and affidavits submitted by appellant he (Adil Mahmood, appellant) has given the same address. The perusal of record shows that in plaint plaintiff/respondent had given the address of appellant as "Adil Mahmood s/o Haji Muhammad Sadiq c/o Adil House No,4-B, Noon Avenue, Muslim Town, Lahore". In memo. Of appeal too the appellant has given the same address. Likewise affidavits of appellant (available at pages Nos.7 and 55 of the appeal) indicate his address as c/o Adil House No,4-B, Noon Avenue Muslim Town, Lahore. It shows that claim of appellant is baseless and that he has submitted false plea. It seems that he has filed this appeal only to delay the execution proceedings and to pressurize the respondents. In these circumstances we find that this appeal has no force and the same is accordingly dismissed. As stated earlier claim of appellant is baseless and he has filed this appeal without any justification, therefore, he B would pay Rs,25,000 as costs to the respondent No, 1.