' ABAID ULLAH KHAN, J.--The facts relevant for the purpose of disposal of this appeal, which are not in dispute, may be shortly stated. The appellant, National Bank of Pakistan, extended loan facility of Rs.7,00,000 to Messrs National Rice Mills, Okara, respondent 1, against the pledge of the latter's goods, namely, rice and paddy, which the appellant took possession of. Subsequently Messrs Rice Milling Corporation of Pakistan, respondent 2, got hold of the stocks of rice and paddy which respondent 1 had pledged with the appellant. The suit brought by the appellant against the respondents for recovery of the outstanding amount of loan was dismissed by the learned Special Court (Banking), Lahore, on the ground that the appellant was not in a position to restore the pledged goods to respondent 1.
2. Admittedly, respondent 2 could not be called a borrower nor the appellant could be termed its creditor. 'Therefore, the appellant's IA suit against respondent 2 in the Special Court (Banking) was not competent.
3. The learned counsel for the appellant concedes that as the appellant is not in a position to return the pledged good's to respondent 1, it cannot claim the recovery of loan from the latter. In the circumstances the dismissal of the suit recorded by the learned trial Court is in order. The appeal fails and is dismissed. The appellant may seek its remedy, if it is available under law, for recovering the value of the pledged goods taken over by respondent 2. As the respondents have not chosen to contest the appeal there will be no order as to costs. .