Banking court can’t award unclaimed markup: SC
ISLAMABAD: The Supreme Court has ruled that a banking court cannot award markup to a bank if it was not explicitly claimed in the original plaint, setting aside a Feb 2019 Lahore High Court (LHC) judgement that allowed Citibank to recover markup through an amended decree. A three-member SC bench, headed by Justice Muhammad Ali Mazhar, allowed the appeal, ruling that the banking court wrongly…
The Supreme Court has ruled that a banking court cannot award markup to a bank if it was not explicitly claimed in the original plaint, overturning a February 2019 Lahore High Court decision that permitted Citibank to recover markup through an amended decree. The three-member Supreme Court bench, led by Justice Muhammad Ali Mazhar, allowed the appeal, ruling that the banking court had wrongly added unclaimed markup under Section 152 of the Civil Procedure Code (CPC).
The court emphasized that Section 152 CPC cannot be used to alter parties' substantive rights or rehear a case, and any such error should be addressed through a review petition or appeal.
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