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2016 SCMR 201

MUHAMMAD BUX KUMBHAR vs HABIB BANK LIMITED and others

Citation2016 SCMR 201
CourtSupreme Court of Pakistan
Case No.Civil Petition No,308-K of 2015Civil Revision No.68 of 2014
Date2015-07-31
Judge(s)Mushir Alam, Amir Hani Muslim, Maqbool Baqar
ResultPetition dismissed

ORDER

' MAQBOOL BAQAR, J.---Through the above petition, the petitioner seeks leave to appeal against the judgment dated 21-4-2015, passed by a learned Single Judge of the High Court of Sindh in Civil Revision No. 68 of 2014, whereby the said revision has been dismissed.

2. The relevant facts of the case, in brief, are that the petitioner was an employee of the respondent-bank. Admittedly, after putting in 25 years of service, he applied for early retirement through his letter dated 24-3-2009, which request was accepted and he was accordingly retired from service w.e.f.

01.4.2009, and an amount of Rs.1,775,108.80 was paid tot him towards full and final settlement of his dues which amount he received without any objection or reservations, He also applied for release/return of the title documents of his property deposited by him with the respondent-bank by way of equitable mortgage, The documents were thus returned to him on 06.4.2009. It is only after a lapse of about three years that he filed suit for damages on 02.4.2012. Admittedly, since his retirement and till the date of filing of his suit throughout, the petitioner neither raised any objection, nor claimed any right or dues in relation to his past service/retirement, The respondent- bank filed an application under Order VII, Rule 11, C.P.C. For rejection of the plaint on the ground that no cause of action has been disclosed by the petitioner for filing thc suit, The other ground urged was that the suit was time barred also. The application was allowed and the plaint was rejected by the trial Court Appeal filed against the said order also was dismissed, and it was through the impugned order that his revision application was dismissed by the learned High Court, in which order it was also stated that the petitioner only alleged miscalculation of his dues by the respondent-bank.

3. The petitioner could not satisfy us also regarding his claim that the amount due towards pension has not been calculated properly, though he has been a professional banker and claims to be a Master in Economics, and also a Diploma Holder from the Institute of Bankers. He has not been able to point out any anomaly in the statement containing the details of the dues paid to him as submitted by the respondent-bank before us. Since the three forums below have rejected the petitioner's claim, we cannot take account at this stage, particularly when the petitioner has failed to point out any miscalculation and/or any amount of lawful dues having not been paid to him.

4. In view of the foregoing, this petition is dismissed and leave toappeal refused.

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