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K.L.R. 2004 S.C. 95

Khalid Ghias Asad vs Agricultural Development Bank

CitationK.L.R. 2004 S.C. 95
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 1117-L of 2003
Date2003-05-28
Judge(s)Falak Sher, Javaid Iqbal, Karamat Nazir Bhandari
ResultPetition Dismissed

FALAK SHER, J.- Tending to assail judgment and decree of Judge Banking Court-II, Gujranwala dated 5.3.2002 decreeing the respondent Bank's suit for recovery of Rs.3,73,357/- turning down petitioner's application seeking leave to appear and defend being barred by time RFA 125/2003 was preferred before the Lahore High Court contending that the entire loan amount alongwith interest has been repaid in addition to seeking refuge under the Bank's Incentive Scheme which was turned down by a learned Division Bench vide the impugned judgment dated 27.3.2003 keeping in view the admitted execution of the loan documents and not entitled to the banked upon Incentive Scheme for failure to meet its sine qua non viz. Repayment of the entire principal amount.

2. Hence the captioned petition for leave to appeal reiterating the latter plea. With which we are not impressed because the urged plea admittedly pertaining to the factual realm stands repelled, while no question of law of public importance has been canvassed. Resultantly, the same fails and is hereby dismissed leave declined.

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