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2002 CLD 1697

MUHAMMAD SAEED SHEIKH vs CITIBANK N.A. through Naeem Shuja, Branch

Citation2002 CLD 1697
CourtLahore High Court
Judge(s)Jawwad S. Khawaja, Abdul Shakoor Paracha
ResultAppeal allowed

' JAWWAD S. KHAWAJA, J.---The point on which this appeal was admitted to regular hearing, has already been noted in the admitting order dated 4-4-2002. The contents of the admitting order, therefore, need not be reproduced here.

2. Learned counsel for the respondent-Bank has very fairly stated that the notice issued to the appellant through the process serving agency and also those appearing in the press citation contained the wrong address of the appellant. He, however, did contend that notices sent through courier service and through registered A.D. Post were sent at the correct address i,e, 95-D, Phase-I, LCCHS, Lahore Cantt.

3. Notwithstanding the above position, it does appear that had the correct address been given in the notices sent through the process serving agency, the appellant could have been served and would thereafter have entered appearance.

4. In the above circumstances, we allow this appeal and set aside the order dated 4-3-2002. The appellant is allowed 10 days to file his application seeking leave to appear and defend before the learned Banking Court No,II, Lahore. The learned Banking Court shall thereafter proceed to decide the said application within a further period of one month. 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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