' This appeal is directed against the order dated 9-9-2004 whereby an application filed under section 12 of the Financial Institution (Recovery of Finances) Ordinance, 2001 by the present appellant was dismissed.
2. Brief facts necessary for the adjudication of the lis at hand are; that the respondent/bank filed a suit for recovery, inter alia, against the present appellant and other respondents. The summons/notices were issued in accordance with the provisions of the said Ordinance.
Apparently, the service was not effected personally upon the appellant and the only mode of service available on the file was by way of citation in the press. The suit was decreed and execution proceedings commenced. Where after, the present appellant filed an application under section 12 of the Financial Institutions (Recovery of Finances), Ordinance, 2001 which has been dismissed by the Banking Court on the ground of being barred by limitation by way of the impugned order dated 9-9-2004.
' Perusal of section 12 where under the application was filed clearly reveals that where the defendant is served through citation the point of limitation of 21 days for filing an application under the said provision commences from the date of knowledge. A perusal of the impugned orders reveals that there is no finding as to the date of knowledge. In this view of the matter, the impugned order is not sustainable and is set aside. The case is remanded to banking Court to decide the application afresh after hearing both the parties. Appeal accepted. . The application filed by the respondent is deemed to be pending and will be decided by the Banking Court in accordance with law.