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2002 CLD 1411

RIAZ AHMED vs AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN, HEAD

Citation2002 CLD 1411
CourtLahore High Court
Judge(s)Jawwad S. Khawaja, Abdul Shakoor Paracha
ResultAppeal allowed

' JAWWAD S. KHAWAJA, J.---The appellant/plaintiff filed a suit, inter alia, seeking rendition of accounts. The said suit was dismissed by the learned Banking Court-V, Lahore on the short ground that an order requiring the appellant/plaintiff to deposit a sum of money had not been complied by him.

2. We find that there was no power vested in the Banking Court to require the plaintiff to deposit any amount while seeking a prayer for rendition of accounts. We are also of the opinion that requiring the plaintiff to deposit a sum of money before his case can be heard constitutes a clog on his right to approach a Court of law A for redressal of his grievance.

3. For the foregoing reasons, this appeal is allowed and the impugned judgment and decree, dated 18-6-2001 are set aside. The suit of the appellant/plaintiff shall be deemed to be pending and shall proceed on merits.

4. This judgment, however, shall not preclude the respondent-Bank from filing a suit against the appellant for recovery of the amount, which learned counsel for the bank states is due and payable by the appellant. 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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