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2002 CLD 419

Messrs BALLY SHOES (PVT.) LIMITED and 3 others vs EQUITY PARTICIPATION

Citation2002 CLD 419
CourtLahore High Court
Case No.Regular First Appeal No,414 of 2001
Date2001-10-15
Judge(s)Jawwad S. Khawaja, Abdul Shakoor Paracha
ResultCase remanded

ORDER

This appeal assails the judgment and decree dated' 13-4-2001 passed by the Judge Banking Court No,4, Lahore. It is apparent from the contents of the impugned judgment that after grant of leave to appear and defend to the appellants/defendants, issues were framed and the parties led evidence on the same. Notwithstanding this position it appears that on account of an oversight the learned Judge Banking Court No,4, Lahore, proceeded to decide the case on the assumption that leave to defend had, in fact, not been allowed to the appellants/defendants. It is for this reason that the impugned judgment is sketchy and does not comply with the requirements of Order XX, rule 5, C.P.C.

2. In the above circumstances, the impugned judgment and decree are set aside. The case is remanded to the learned Judge Banking Court No,4, Lahore, who shall now pass a judgment complying with the provisions of Order XX, rule 5, C.P.C. After hearing both parties. Since both parties are represented before us, they are directed to appear before the learned Judge Banking Court No,4, Lahore, on 15th November, 2001. The office is directed to ensure that this file reaches the Banking Court No,4, Lahore, within ten days from today. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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