2020 LHC 254 Judgment for Banking Court Dispute

2020 LHC 254 Judgment for Banking Court Dispute, Mr. Muhammad Suleman Bhatti, Advocate for the petitioners. Through this civil revision, the petitioners have challenged the legality of judgment & decree dated 25.09.2019 passed by the learned Civil Judge, Multan whereby suit for declaration filed by respondents No.1 to 3 was decreed and judgment & decree dated 23.12.2019 passed by the learned Additional District Judge, Multan who dismissed the appeal of the petitioners.

  1. Brief facts of the case are that predecessor-ininterest of respondents No.1 to 3 namely Muhammad Ishaque maintained two joint account No.1-5-4-20620-714-130362 in Summit Bank, Vehari Road, Near Chowk Shah Abbas, Multan and account No.0218220002 in Dubai Islamic Bank Branch, Vehari Road, Chowk Shah Abbas, Multan with his real brother namely Muhammad Ikhlaq / defendant / respondent No.4. Muhammad Ishaque Civil Revision No.55-D of 2020 2 died on 24.10.2015, copy of death certificate was given to the petitioners/defendants on 02.11.2015 alongwith court proceedings but despite that respondent No.4 Muhammad Ikhlaq with collusiveness of Manager of the petitioners withdrew total amount lying in the above mentioned joint accounts and deprived respondents No.1 to 3 from their inherited share ½ of amount lying in the said joint account. Respondents No.1 to 3 / plaintiffs are entitled to get Rs.28,21,450/- as per their ½ share in the joint account and after refusal, they filed suit. Defendants No.1 & 2 / petitioners filed contesting written statement with the prayer for dismissal of suit. On 28.11.2015, the Manager Summit Bank Multan appeared in person before the learned trial court but later on he disappeared and ex-parte proceedings were initiated against Summit Bank vide order dated 19.12.2015. That defendant No.4 Muhammad Ikhlaq also did not appeared and ex-parte proceedings were also initiated against him on 16.01.2016. On 10.05.2018, issues were framed, evidence was recorded and vide judgment & decree dated 25.09.2019, the learned trial court decreed the suit in favour of respondents No.1 to 3 / plaintiffs and declared that they are entitled to get ½ share of the total amount deposited till 24.10.2015 in the account No.0218220002 Dubai Islamic Bank, Civil Revision No.55-D of 2020 3 Branch Vehari Road, Chok Shah Abbas, Multan i.e. Rs.28,21,450/- as per their respective shares from defendant No.4. The petitioners challenged the above said judgment and decree in appeal which was also dismissed by the learned appellate court vide judgment & decree dated 23.12.2019. Download
Ch Muhammad Shahid Bhalli Advocate

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