' MAULVI ANWARUL HAQ, J.---The appellant-Bank filed a suit for recovery of money against the respondents. A notice was issued and a reply was filed by respondent No,3. The learned Tribunal after considering the said reply in the light of the contents of the plaint proceeded to decree the suit as against respondents Nos,1 and 2 and dismissed the same as against respondent No,3 vide judgment and decree dated 10-3-1996.
2. Learned counsel contends that the learned Tribunal failed to read the plaint, which clearly made out a case against respondent No,3 inasmuch as he was liable to pay the suit amount jointly with respondents Nos,1 and 2. Presses C.M. No,903 of 2001 praying for amendment of the plaint. No one has turned up for the respondents, who are represented by a learned counsel whose name stand published in the cause list for today, therefore, the respondents are proceeded against ex parte,
3. We have examined the records in the light of the submissions of the learned counsel. We do find that because of a clerical error in the plaint, as pointed out in the said application, the matter was not properly considered by the learned Tribunal. The said application contains the particulars of the said clerical errors in the plaint vis-a-vis reference to the various respondents/ defendants therein. We do find that in case the proposed amendment is allowed the nature and scope of the suit would not be changed and the same' is necessa for an effective decision of the entire controversy bet en the parties. We, therefore, allow the said applica ion and permit the appellant to amend the plaint accordingly.
4: As stated by us above, the matter has not been properly considered-because of the. Said defect in the plaint, 'which now . Stands amended. The R.F.A. Is accordingly allowed. The impugned Judgment and decree of the learned Tribunal vis-a-vis the respondent No,3/ defendant No,3 is set aside. The case is remanded back to the learned Banking Court where the appellant shall put in the amended plaint and a notice in terms of section 9 of Financial Institutions (Recovery of Finances)
Ordinance, 2001 shall be issued to respondent No,3 and the matter shall be thereafter decided in accordance with law.
' No order as to costs.