MUHAMMAD SAIR ALI, J. - Upon appellant-Bank's suit for recovery of money, decree was passed by the learned Civil Judge in favour of the appellant-Bank. This decree was passed during the period between the date of promulgation of Ordinance II of 1983 and 17.4.1988 i.e. The date of judgment of the Hon'ble Supreme Court of Pakistan in the case of Mst. Yasmeen Nighat v. National Bank of Pakistan (PLD 1988 SC 391) settling the law qua absence of jurisdiction to the Civil Courts as to suits for recovery of Bank loans valuing Rs. 1,00,000/- or below. To seek execution of above said decree, the appellant-Bank filed execution petition in the Special Banking Court, Lahore. The learned Presiding Officer dismissed this execution petition holding the decree passed by the learned Civil Judge, as void purportedly on the basis of law laid down in the above referred judgment. The appellant-Bank has assailed the said order in this appeal on the ground that decree passed by the learned Civil Court, prior to judgment of the Hon'ble Supreme Court of Pakistan, had become final by non-filing of appeal by respondents thereby assuming character of "past and closed transaction".
3. This question was considered and decided by a learned Division Bench of this Court in judgment dated 25.4.2001 rendered in F.A.O. 269 of 1994, holding that judgment and decree so passed by the Civil Court, being a judgment in personam, because "final" in absence of challenge and is thus "a past and closed transaction" and that the learned Special Banking Court exceeded its jurisdiction by dismissing the execution application of the decree-holder-Bank.
4. This judgment was also followed in F.A.O. 261 of 1993 decided on 9.10.2001 by another learned Division Bench of this Court of which one of us was a Member.
5. Adhering to the rule of consistency and respectfully agreeing with above judgments, we accept this appeal. The impugned order passed by learned Presiding Officer, Special Banking Court, Lahore dismissing appellant's execution petition is set aside. Resultantly, execution petition filed by the appellant-Bank shall be deemed to be pending, now before the learned Banking Court who shall proceed with and decide the same in accordance with law. There shall, however, be no orders to costs.