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PLD 1994 Lahore 23

DABIR HUSSAIN vs AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN Ltd.

CitationPLD 1994 Lahore 23
CourtLahore High Court
Case No.W.P. No,916 of 1993
Date1993-08-29
Judge(s)Mian Ghulam Ahmad
ResultPetition dismissed

ORDER

' The Agricultural Development Bank of Pakistan is pressing its demand to payment of interest/profit accruable on the principal amount advanced as loan to the petitioner, who questions his liability, relying on the well-known ruling of the Federal Shariat Court. The matter is however undeniably sub judice in the Supreme Court, and cannot be said to have finally been clinched, speaking in judicial terms.

2. The agreement, under which the loan had been obtained by the petitioner from the A.D.B.P., carried a clear stipulation ,with regard to his liability in question. He should have refused to avail of the facility, with the condition in question attached to it. He got the loan and made use of the huge amount on the express understanding that he would also be liable to make payment of interest, rests, etc. He cannot now turn round and say that this stipulation was in any way illegal or un- Islamic. He cannot be permitted to take benefit of his own act and is bound by the express terms of the agreement, to which he was a party. Writ petition cannot be entertained and is dismissed in limine.

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