The respondent Bank instituted a suit for recovery of Rs, 16,68,000/-. An ex-parte decree dated 21.06.2010 was passed. The appellant made an application for setting aside the ex-parte decree on 17.09.2010. It was dismissed by the learned Judge Banking Court No, I, Multan vide order dated 21.03.2011.
2. It is contended by the learned counsel for the appellant that the appellant was living abroad in Sharja and was never served; that as per the Bailiff's report, he was apprised by a lady that the appellant was not at home and the service should have been repeated; that the making of application for setting aside the ex-parte decree had consumed a considerable time as some formalities had to be completed by the Consulate of Pakistan at Sharja for sending the power of attorney.
3. This appeal is opposed by learned counsel for the respondent Bank. It is contended that the service had been effected on the appellant through all the four modes simultaneously and service through any one of the modes shall be deemed an effective service; that the application was made after sixty two days, i,e, after forty one days of the expiry of period of limitation and that the application for condonation of delay does not disclose any valid ground.
4. We have heard the learned counsel for the parties and gone through the record.
5. As per application made by the appellant, he had the knowledge of the ex-parte decree through his brother. The application was made after sixty two days after the knowledge. Section 12 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 lays down that such an application should be made within twenty one days of the ex-parte decree or knowledge. The application does not disclose any ground for condonation of delay. The learned Judge Banking Court-I, Multan has