MAULVI ANWARUL HAQ, J.---On 15-9-2003, the appellant-Bank filed a suit for recovery of Rs.2087344.42 against the respondents. They were served in the manner prescribed by law. They put in appearance and filed an application for leave to defend. This application was contested by the appellant. Learned Judge Banking Court-I, Lahore vide judgment dated 27-4-2005 proceeded to dismiss the said application observing that it does not raise any substantial question of fact or law. After so holding learned Judge Banking Court proceeded to dismiss the suit of the appellant to the extent of Rs.1,843,643 and granted a decree for a sum of Rs.1,13,886.8.
2. Learned counsel for the appellant contends that all the pleas raised in the PLA regarding the entire claim of the appellant-Bank, fully explained in the plaint with reference to the documents including the respective statements of accounts were rejected by the learned trial Court and as such there was no justification for dismissing almost 90% of the claim of the Bank. His precise contention is that even if after refusing leave learned trial Court was of the opinion that some evidence is required, it could have recalled the order and granted leave to the defendants and consequently provided an opportunity to the appellant to prove its case. Learned counsel for the respondents has not much to say to oppose the said contention. He, however, prays that the leave to defend be granted.
3. We have gone through the records with the assistance of the learned counsel for the parties. We do find it to be rather astonishing that all the points raised in the application for leave to defend were discussed point by point by the learned trial Court still it proceeded to dismiss the suit almost in its entirety. Since learned counsel for the appellant himself has suggested that the leave to defend granted to the defendants, we will not be discussing the matter any further.
4. R.F.A. Accordingly is allowed. The impugned judgment and decree dated 27-4-2005, passed by learned Judge Banking Court-I, Lahore, is set aside. Result would be that the suit filed by the appellant-Bank shall be deemed to be pending before the said Court. The defendants are granted leave to defend the suit by consent of the learned counsel for the appellant. Leave application shall be deemed to be written statement. Issues arising out of the pleadings shall be framed and after giving an opportunity to the parties to lead evidence, the suit shall be decided on its merits.
5. No orders as to costs.
6. A copy of this judgment to be remitted to the learned Judge Banking Court-I, Lahore.