' JAWWAD S. KHAWAJA, J.---This first appeal impugns the judgment and decree, dated 10-5-2001 passed by the learned Banking Court No,IV, Lahore. Learned counsel for the appellants has firstly drawn our attention to the fact that even though the written statement had been placed on record by the appellants/defendants, the learned Banking Court disallowed the appellants/defendants from keeping it on the record. Instead the provisions of Order VIII, rule 10, C.P.C. Were invoked by the Court and, as a result, the right of defence of the appellants/defendants was closed.
2. It was also pointed out by learned counsel for the appellants that Habib Bank Imited respondent/plaintiff had itself filed an application in Court under Order VI, rule 17, C.P.C. Seeking amendment in its plaint. By order, dated 6-4-2000 the learned Banking Court observed that the grounds taken by the appellants/defendants in their application for leave to defend, raised serious and bona fide questions of law and fact. As a consequence, leave was granted to the appellants to defend the suit. The appellants/defendants were directed to file their written statement and also a reply to the application under Order VI, rule 17, C.P.C. Filed by the plaintiff-Bank.
3. We agree with the submission of learned counsel for the appellants that the Banking Court should not have required the filing of the written statement when an application for amendment of the plaint was pending before it. The appellants/ defendants were justified in their plea that the aforesaid application would have to be decided first. Only after such decision it would be possible for the appellants/defendants to know whether the plaint as filed or an amended plaint had to be responded to by the appellants/defendants.
4. Furthermore, when the learned Banking Court had itself come to the conclusion that the appellants/defendants had raised serious and bona fide question of law and fact and the defendants had also been granted leave to defend the suit, the appellants/defendants were entitled to one final opportunity to file a written statement before their right could be closed under Order VIII, rule 10, C.P.C. This appears to be the mandate of Order VIII, rule 10, C.P.C. As interpreted by the superior Courts in Pakistan.
5. The impugned judgment and decree, in the circumstances, are set aside and the case is remanded to the learned Banking Court for trial.