' The process-server has reported that the respondent-Bank has been served. None has appeared for the Bank. It is, therefore, proceeded against ex parte.
2. It is contended on behalf of the appellant Abdul Razzaq that he did not issue any cheque for drawing the amount of Rs,1,80,000 claimed by the respondent-Bank in its suit. None has appeared for the Bank to controvert this statement or to produce in Court the cheque which may A have been issued by Abdul Razzaq appellant.
3. In the above circumstances, we find that the application submitted by Abdul Razzaq before the learned Banking Court seeking leave to appear and defend was dismissed without justification and even though the appellant had shown a substantial defence as noted above. In this view of the matter, we allow this appeal and set aside the judgment and decree dated 19-10-2001. We also allow the application filed by Abdul Razzaq appellant seeking leave to appear and defend. The case is remanded to the learned Banking Court No,II, Gujranwala to be proceeded with and decided as a regular long cause.