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1995 SCMR 787

AHMAD DIN vs HABIB BANK LTD. and 2 others

Citation1995 SCMR 787
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 154-0 to 158-Q of 1993
Date1994-05-04
Judge(s)Fazal Ilahi Khan, Abdul Qadeer Chaudhry
ResultLeave refused

ORDER

' FAZAL ILAHI KHAN, J---These Civil Petitions Nos. 154-0 to 158-Q of 1993 are directed against the judgment of the learned High Court of Balochistan dated 18-8-1993 passed in Civil Petitions Nos. 54 to 58 of 1992.

2. Facts giving rise to these petitions briefly stated are that 5 suits for recovery of the amount mentioned therein were instituted by the respondent bank against the petitioner before the Banking Tribunal. After hearing the parties the application for leave to defend the suit was dismissed and in consequence the decree in favour of respondent bank was granted as prayed for in those suits. Against the judgment and decree five appeals were filed i,e. Civil Appeals Nos. 12 to 16 of 1992.

3. The learned High Court ordered the appellant to deposit the de retal amount before admitting the appeals to regular hearing, The appellant failed to deposit the decretal amount in the appeals excepting Appeal No, 12 of 1992. In consequence all the above mentioned four Appeals Nos. 13 to 16 of 1992 were dismissed which order was challenged in Civil Petitions Nos, 154-Q to 158-Q of 1993.

4. After the dismissal of the appeals the respondent bank initiated execution proceedings and warrants of arrest were issued against the judgment-debtors. The judgments and decrees of the Banking Tribunal as well as those passed in the appeal by the learned High Court were challenged in the abovementioned Civil Petitions.

5. The learned High Court dismissed the petition on the ground that the decree having become final no objection could have been raised to its execution on the ground already decided in the appeals. We find no infirmity in the judgment of the learned High Court. Therefore, leave to appeal is refused in all the petitions.

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