JUDGMENT MALIK MUHAMMAD QAYYUM, J.- This is an appeal under section 9 of the Banking Companies (Recovery of Loans) Ordinance, 1979 against the order of the Special Judge Banking Court dated 19.1.1994 whereby the appellant's application for execution of the decree passed by the Civil Court on 24.11.1985 was dismissed on the ground that the said decree was without jurisdiction.
2. The facts leading to the present appeal are that in the I year 1982 the appellant had filed a* suit for recovery of Rs.
41653/- before the Civil Court which was decreed against the respondents on 24.11.1985. An application for execution of the decree was moved before the Special Judge Banking which has been dismissed by him by passing a stereo-typed order that the Civil Court lacked jurisdiction to pass the decree in view of amendment in the Banking Companies (Recovery of Loans) Ordinance, 1979 by Ordinance II of 1983.
3. In support of this appeal, learned counsel for the appellant has contended that the decree under execution had become final as the executing Court could not have dismissed the execution petition on the ground that the Civil Court lacked jurisdiction in view of Ordinance II of 1983.
4. There is considerable merit in the contention of the learned counsel for the appellant. A similar dispute came to this Court in FAO No. 237 and other connected matters in which the executing Court had dismissed the execution petitions by passing exactly similar order as has been passed in the present case. A Division Bench of this Court took the view that the execution petitions could not have been dismissed as at the time when the decrees were passed the view prevailing with the Courts was that the Amending Ordinance was not retrospective but prospective and that subsequent change in view could not render the decree already passed as without jurisdiction. The ratio in the cited case is fully applicable to the present case.
In view of the above, this appeal is allowed; the impugned order of the Special Judge Banking dated 19.1.1994 is set aside and the execution petition is remanded to it for disposal in accordance with law. There shall be no order as to costs.