ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

I^st Appeal No. D – 38 of 2017

Date of hearing

Order with signature of Judge

1. For hearing of CMA No.1175/2017 (S/A)

2. For hearing of main case

(Report received from Banking Court No.01 Sukkur)

07.08.2018

Mr. Humayoun Shaikh, Advocate for the appellant.

Mr. Nusrat Hussain J. Memon, Advocate for respondent-bank.

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The solitary ground, on the basis of which this appeal was preferred, is that the statement of account was not certified in terms of the Bankers Book Evidence Act, 1891. It is claimed that certified copy of the statement of account, prior to calling the record by this Court was obtained and is available with the Additional Registrar of this Court and it does not show the certification in terms of Section 2(8) of the Bankers Book Evidence Act, 1891. Learned counsel for respondent-bank without conceeding to such contention submits that if at all such account was not certified he could only be entitled for a leave subject to filing of fresh statement of account duly certified.

The wisdom behind this certificate was that in case the leave is refused, such statement of account could be relied upon to be true and correct as in the absence of such certificate under the Bankers Book Evidence Act, 1891, the presumption of it being correct cannot be drawn. Since the statement of account cannot be considered to be true and correct in the absence of such certificate, the petitioner at the most be entitled for the leave, which is accordingly granted with the consent of learned counsel subject to surety of the decretal amount, of a leased property in addition to a charge of the respondent over the salaried account of the petitioner. The appeal is allowed and judgment and decree is set aside with the direction that the application for leave to defend be considered as written statement and accordingly the Suit be disposed of after recording of evidence preferably within four (04) months. No frivolous adjournment shall be granted to any party. The surety be submitted within fifteen (15) days from today. In case the appellant fails to submit the surety within the timeframe given above, the defence of the appellant shall be struck off and the Banking Court may proceed further in accordance with law.

J U D G E

Abdul Basit