1. JUDGMENT SYED ZAHID HUSSAIN, J.---On 1-11-1995 Chairman Banking Tribunal, Faisalabad partially decreed the suit filed by the appellant-Bank. R.F.A. No.40 of 1997 was filed by the appellant qua the same that an amount of Rs.2,11,000 had wrongly and illegally been denied in the decree. In the meantime the decreed sum was paid by the judgment-debtors and execution petition was disposed of accordingly by the Banking Court. When however the appeal came up for hearing before a Division Bench of this Court the case was remanded to the Banking Court, Faisalabad on 21-7-2003 in view of the judgment in Messrs Chenab Cement Product (Pvt.) Ltd. And others v.
2. Banking Tribunal, Lahore and others (PLD 1996 Lahore 672) and in R.F.A. No.23 of 1996 and R.F.A.
3. No.98 of 1997. After remand the Banking Court No.II, Faisalabad took up the matter and "disposed of having become infructuous" on 14-7-2005. This order is subject-matter of this appeal. We have heard the learned counsel for the parties. The reason that prevailed with the learned Banking Court was the disposal of the execution petition, which had been consigned to record due to the satisfaction of the decree. The fact which, however, has, been overlooked by the learned Banking Court is that R.F.A. No.40 of 1997 concerned with the grievance of the appellant-Bank qua that part of the claim which had not been decreed. The said appeal having been remanded to the Banking Court, the matter required to be heard and determined by the Banking Court on its merits in accordance with law. It clearly erred in law in disposing of the suit as having become infructuous.
4. Order dated 14-7-2005, therefore, is not sustainable, the same is set aside. As a result the remand order dated 21-7-2003 passed in R.F.A. No.40 of 1997 stands revived. Let the parties cause their presence/representation before the learned Banking Court No.II, Faisalabad on 16-12-2 R)6 for proceedings in the suit in accordance with law. The appeal is accepted in the above terms with no order as to costs.