' MAULVI ANWARUL HAQ, J.---This judgment shall decide R.F.A. No, 38 of 1996 and R.F.A. No, 263 of 1996 as these proceed against the same judgment of learned Banking Tribunal-IV, Lahore.
2. The appellant filed a suit for recovery of Rs,21,04,327 against the respondents. After reply of the notice and rejoinder by the appellant, the learned Banking Tribunal IV, Lahore proceeded to decree the suit in the sum of Rs,13,00,000 but to dismiss the suit regarding remaining amount. The appellant has filed a R.F.A. No, 63 of 1996 while the respondents have filed R.F.A. No,263 of 1996.
3. The impugned decree has been passed by Banking Tribunal IV, Lahore. Both the parties have filed first appeals. The constitution and appointment of the Banking Tribunal has since been declared to be void vide the judgment of a Full Bench of this Court in the case Messrs Chenab Cement Product (Pvt.) Ltd. And others v. Banking Tribunal, Lahore and others (PLD 1996 Lahore 672).
Later a Full Bench was constituted to determine the effect of observations made by the said learned Full Bench in para.12 of the said judgment regarding the past and closed case. Vide judgment in the case of Syed Farasat All Shah v. The Allied Bank of Pakistan Ltd. (2002 CLD 759), it has been held that where the decree passed by the Banking Tribunal were challenged by filing first appeals, such decrees cannot be said to be past and closed transactions. This being so, the decree being rendered by a Tribunal having no jurisdiction and coram non judice cannot be sustained. Both the R.F.As. Are allowed and the impugned decree, dated 3-12-1995 of the Banking Tribunal-IV, Lahore is set aside. The result would be that the case shall now be deemed to be pending before the competent Banking Court at Lahore and shall be proceeded with in accordance with law. Both the learned counsel inform that file of the execution is pending before the Court presided by our learned brother Mr. Justice (R) Ausaf All Khan. No order as to costs.
' Office to remit the records of the case to the said learned Court immediately.