' Allied Bank of Pakistan, the respondent, filed a suit for recovery of Rs,27,99,838.25 against Punjab Cotton Mills etc., the petitioners herein and others in the Civil Court at Lahore. It was dismissed under Order 9, Rule 2, C.P.C. On 15-6-1978. Application for its restoration was moved under Order IX, Rule 4 on 12-3-1987 in the Civil Court which was allowed vide the impugned order dated 4-6-1987.
The correctness of this order has been challenged in the present revision petition, on the plea of jurisdiction, in view of the provisions of Banking Companies (Recovery of Loans) Ordinance, 1979.
2. Learned counsel for the parties have been heard. The facts of the case are admitted. The suit was filed in the Civil Court and dismissed under Order IX, Rule 2, C.P.C. On 15-6-1978 i,e, before the Ordinance came into force (with effect from. 1-4-1979). When the restoration application under Order IX, Rule 4, C.P.C. Was moved the Civil Court had ceased to have jurisdiction in such like matters and only the Special Court constituted under the Ordinance had the jurisdiction. Learned counsel for the petitioner has contended that in view of this situation the only course open for the Civil Judge was, on the presentation of the application under Order IX, Rule 4, C.P.C. To transfer it to the Special Court constituted under the Ordinance.
3. Learned counsel for the respondent has tried to counter-argue but seems to be on a weak wicket.
4. When application for restoration of the suit was moved, the Civil Court had ceased to have jurisdiction and reconciling the provisions of the Ordinance and the C.P.C. Which has also been made applicable to the proceedings before the Special Court, the only course left with the Civil Judge on presentation of the application under Order IX, Rule 4, C.P.C. Was to transfer it to the Special Court constituted under the Ordinance.
5. The result is that the revision petition is accepted, the impugned order of the learned Civil Judge dated 4-6-1987 is hereby set aside. The application moved by the petitioner under Order IX, Rule 4, C.P.C. Dated 12-3-1987 is remanded to the Special Court (Banking) for being dealt with in accordance with law.