1. This is an appeal under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 calling in question the order dated 11.09.2013 passed by Banking Court-I, Lahore.
2. By the impugned order the application filed under Order XXI, Rule 90, C.P.C. by the appellant was dismissed. The ground which weighed with the Banking Court was that since an earlier application under Order XXI, Rule 89, C.P.C. had been withdrawn by the appellant/petitioner, the application under Order XXI, Rule 90, C.P.C. was not maintainable as the grounds taken in the application were an afterthought.
3. In our opinion, the order of the Banking Court is unreasonable and patently unlawful. A person is permitted to maintain an application either under Order XXI, Rule 89, C.P.C. or Order XXI, Rule 90, C.P.C. at his own discretion. The Banking Court has merely to see whether the application is maintainable and proceedings can legally be taken on the application or not. The Banking Court, without going into the fact whether the application was maintainable under the law and the pre- conditions laid down by law for such application to be maintainable were fulfilled or not, dismissed the application simply on the ground that since the earlier application under Order XXI, Rule 89, C.P.C. had been withdrawn, the petitioner was not entitled to file a new application under Order XXI, Rule 90, C.P.C. This view is palpably wrong and Banking Court fell in error while dismissing the application on this ground. We, therefore, accept this appeal, set aside order dated 11.09.2013 and remand the matter to Banking Court with the observation that the application under Order XXI, Rule 90, C.P.C. shall be deemed to be pending before Banking Court to be decided on its own merits after giving due opportunity of hearing in the matter to the appellant and the other side. The application under Order XXI, Rule 90, C.P.C. shall be decided within a period of two months from the