' MIAN SAQIB NISAR, J.---The appellant is a member of the Bajwa family; the family intended to obtain loan from respondent/Bank and for that purpose, the appellant also executed a general power of attorney in favour of his brother. On the basis of the power of attorney, which was registered in Pakistan, but executed by the appellant, while he was abroad; his brother alongwith other family members applied and got loan by mortgaging the joint family property, through the deposit of title documents and execution of the memorandum in this behalf. The loan was not repaid, the respondent-Bank brought a suit for recovery, which was contested by the other family members, by filing leave application, which was dismissed and the suit was decreed; as the appellant did not file any leave application, despite service in accordance with the provision of Banking Laws, therefore, an ex parte decree was passed against him on 16-9-1999.
2. The appellant thereafter moved an application under section 12 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act 1997 for setting aside of the decree dated 16-9-1999, on the ground that at the time, when the suit was instituted and the notices were issued/published, he was living abroad and therefore, had not been served in accordance with law; this application has been dismissed by the learned Banking Court through the impugned order dated 23-12-2000, hence this appeal.
2-A. Learned counsel for the appellant states that at the time, when the suit was instituted, the appellant was living abroad and therefore, his service, could only be effected according to the provision of Order 5, rule 25, C.P.C.; as this has not been so done, therefore, no decree could have been passed against the appellant. He has further argued that as per general power of attorney, his brother was only authorized to mortgage the property once, but he has created some subsequent charge, which is absolutely unauthorized.
3. We have heard learned counsel for the parties and find that according to the address, furnished by the loanees, guarantors and mortgagors with the Bank, the permanent address of the entire family including the appellant is that of "Bajwa Manzil" on which, the appellant has also been served through various modes including the publication. In the power of attorney itself, the appellant is stated to be temporarily residing abroad which means that his permanent address is that, which was given to the Bank, at the time of procurement of loan and execution of various documents, resultantly, it is unfounded to argue that the appellant should have been served on the address given in the power of attorney.
4. We are also not peisuaded by the argument that brother of the appellant was only authorized to create mortgage of the property once, rather from the power of attorney placed on the record, it is very clear that it does not contain any such limitation. The power of attorney envisaging procurement of loan by "Bajwa Family", against the mortgage of joint property and there is no such restriction in the document, as has been argued by the Court; this appeal thus has no force and the same is hereby dismissed.