' SYED ZAHID HUSSAIN, J.---Judgment dated 22-2-2003 passed by the learned Judge, Banking Court No,II, Lahore, whereby, declaratory suit instituted by the respondent/ plaintiff has been decreed, is sought to be assailed through this first appeal.
2. Learned counsel for the parties have been heard and record perused. The suit instituted by the respondent was that she was entitled to remission as per the incentive policy introduced by the appellant-Corporation which was published in the public media and that her application dated 30-6-1999 made pursuant thereto had not been considered and contrarily process for recovery was set in motion. The suit was contested by the appellant/defendant by filing written statement.
Issues were framed by the Court whereafter, the parties led evidence in support of their respective contentions. On consideration of evidence, the learned Judge, Banking Court passed the above mentioned judgment. In the context of controversy Issue No,1 attained primacy. Finding thereon was recorded in favour of plaintiff/respondent. It is contended by the learned counsel that respondent had not made any application as was pleaded by her, therefore, averments made in the plaint were without any basis and the suit has wrongly been decreed. The announcement and publication of such incentive scheme was not disputed. The defence pleaded was that no such application had been made by the respondent. There is, however, finding of fact recorded by the Banking Court that the respondent had applied in pursuance of incentive scheme and being a widow was entitled to the benefit thereof. Mere assertion on the part of the appellant that no application had been made by her cannot be given any credence in the presence of specific assertion made in the plaint, the evidence led by the respondent-plaintiff and the finding of the Court which has believed the version of the plaintiff/respondent. No valid justification has been brought-forth to discredit the findings so recorded by the learned Judge Banking Court.
3. As a result of the above, we find no merit in this appeal. It is dismissed accordingly.