| Citation(s) |
|---|
| 2001 SLG 2413 2001 SLD 2413 2001 CLC 669 |
Lahore High Court
First Appeal from Order No.223 of 1999, decision dated: 1st March, 2000
MALIK MUHAMMAD QAYYUM AND GHULAM MAHMOOD QURESHI, JJ
Mian Khalid Habib Elahi for Appellant. Sheharyar Sheikh for
Respondents
First Appeal from Order No.223 of 1999, decision dated: 1st March, 2000
MALIK MUHAMMAD QAYYUM AND GHULAM MAHMOOD QURESHI, JJ
Mian Khalid Habib Elahi for Appellant. Sheharyar Sheikh for
Respondents
JALAL DIN
VS
Messrs NATIONAL BANK OF PAKISTAN, HEAD OFFICE I.I. CHUNDRIGAR ROAD, KARACHI through President and 4 others
Law:
Section:
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)-------S. 21(5)---Civil Procedure Code (V of 1908), S.104, O.XXI, Rr.62, 69 & 103---Execution of decree---Objection to---First appeal---Suit for recovery of amount filed by Bank against borrower/ -debtor having been decreed, Bank filed execution petition and Court ordered auction of property owned by -debtor---Objection petition filed by appellant having been dismissed, appeal was filed by him against dismissal order--Documents on record had proved that property under auction was altogether different from that owned by the appellant/objector---Banking Court in dismissing objection petition having not committed any illegality or infirmity, appeal against dismissal order had no merit and was dismissed. ORDER This first appeal under section 104, C.P.C. and under section 21(5) of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, has been directed against the order, dated 7-7-1999 passed by the Judge, Banking Court No.II, Lahore whereby application under Order 21, Rules 62, 69 and 103 read with section 151, C.P.C. was dismissed with the following observation:-- "This is third application on behalf of the objector regarding the same subject-matter. First application was dismissed by my detailed order, dated 14-7-1998. Second application on 14-12-1998. No fresh ground has been urged, hence petition is dismissed." 2. Briefly stated the facts of the case are that respondents Nos. l and 2 filed a suit against respondents Nos.3 to 5 before the Banking Court, Lahore for recovery of Rs.4,82,521.50. Respondents .Nos.3 to 5 did not file any application for leave to defend and as such the suit was decreed vide judgment and decree, dated 16-10-1997. 3. Respondents Nos. l and 2 in consequence of the abovesaid decree filed an execution petition before the learned Banking Court No.2, Lahore against respondents Nos.3 to 5. The present appellant moved an objection petition under Order 21, Rule 58 and section 103, C.P.C. on 18-4-1998, which was dismissed vide order, dated 14-7-1998 with the following observation:-- "that property under auction is an open plot…
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