1. ' This appeal impugns the judgment and decree, dated 2-10-2001 passed by the learned Banking Court No,1, Lahore, It is contended on behalf of the appellant that the appellant was himself present in Court when the case was called for hearing on 2-10-2001. According to the appellant, due to rush in the Court-room the impugned decree was passed ex parte because he could not reach the rostrum. This contention is supported by his affidavit. In this view of the matter, we find that the appellant/defendant was deprived of his right of hearing. We, therefore, allow this appeal. As a consequence, the impugned judgment and decree, dated 2-10-2001 are set aside. The application seeking leave to appear and defend, filed by the appellant/defendant, shall be deemed to be pending before the learned Banking Court which shall proceed to decide the same within a period of three months from today. Since both parties are represented before us, they are directed to appear before the learned Banking Court on 25-2-2002.