' JAWWAD S. KHAWAJA, J.-After going through the record, it is apparent that the appellant* had entered into an agreement with Diners Club Card, International for the financial facility, in respect of which the present proceedings arise. The address of the appellant given in the said agreement was 48-C, Commercial Zone, Liberty Market, Gulberg-III, Lahore. Thereafter it appears, the respondent-Bank took over the business of Diners Club.
2. The plaint filed by the respondent-Bank gives two addresses of the appellant-defendant, one being 148-Sikandar Block, Allama Iqbal Town, Lahore, and the other as 18-C, Commercial Zone, Liberty Market, Gulberg-III, Lahore. Both the addresses are not those which were given by the appellant-defendant in the above referred, agreement. In this view of the matter, any service purportedly effected at the addresses given in the plaint, could not be taken to be sufficient service on the appellant.
3. On the above basis, it is clear that the application moved by the appellant seeking setting aside of the impugned judgment and decree was wrongly dismissed. We, therefore, allow the said application and set aside the impugned judgment and decree. Dated 4-7-2001.
' In the circumstances, the appellant shall be entitled to submit an application seeking leave to appear and defend before the learned Banking Court within 21 days from today. Since both the parties are represented, they are directed to appear before the learned Banking Court on 27-4- 2002.
' This appeal is allowed in the above terms.