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2002 CLD 1305

MUHAMMAD SHAHZAD SHARIF vs HABIB BANK LTD. through President and

Citation2002 CLD 1305
CourtLahore High Court
Case No.First Appeal from Order No 167 of 2002
Date2002-06-10
Judge(s)Jawwad S. Khawaja, Abdul Shakoor Paracha
ResultAppeal allowed

ORDER

' The grounds on which this appeal was admitted to regular hearing have been noted in the admitting order, dated 9-5-2002. The contents of the said order, therefore, need not be repeated here.

2. It is evident from the said grounds that it could not have been held that the appellant Muhammad Shahzad Sharif had either been actually served or could have been deemed to have been served under law. In this view of the matter the impugned order, dated 28-3-2002 is set aside.

The application moved by the appellant seeking setting aside of the judgment and decree, dated 26-8-1998 to his extent only is allowed. The appellant shall within ten days from today be entitled to file an application seeking leave to appear and defend. Within a further period of 30 days thereafter, the learned Banking Court shall proceed to decide such application on merits.

3. This appeal is allowed in the above terms.

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