| Citation(s) |
|---|
| 2015 SLG 227 2015 SLD 227 2015 CLD 101 2015 PLJ 106 2015 SCMR 148 |
Supreme Court of Pakistan
C.R.P. No.144 of 2010 in C.A. No. 772 of 2005, decision dated: 24-09-2014. (On review against the judgment dated 4-6-2010 passed by this Court in C.A. No. 772 of 2005)
ANWAR ZAHEER, JAMALI, EJAZ AFZAL KHAN AND QAZI FAEZ ISA, JJ
Hamid Khan, Senior Advocate Supreme Court for Petitioner. Sh. Zamir Hussain, Senior Advocate Supreme Court and Syed Rafaqat Hussain Shah, Advocate-on-Record for
Respondents
C.R.P. No.144 of 2010 in C.A. No. 772 of 2005, decision dated: 24-09-2014. (On review against the judgment dated 4-6-2010 passed by this Court in C.A. No. 772 of 2005)
ANWAR ZAHEER, JAMALI, EJAZ AFZAL KHAN AND QAZI FAEZ ISA, JJ
Hamid Khan, Senior Advocate Supreme Court for Petitioner. Sh. Zamir Hussain, Senior Advocate Supreme Court and Syed Rafaqat Hussain Shah, Advocate-on-Record for
Respondents
MUHAMMAD ATTIQUE
VS
JAMI LIMITED and others
Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
Section: 19(2)
Law: Limitation Act, 1908
Section: FirstSched,166,181
Law: Constitution of Pakistan, 1973
Section: 188
Law: Civil Procedure Code (V of 1908)
Section: O.XXI,Rr.54,66,67,64,65
(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 19(2)---Civil Procedure Code (V of 1908), O.XXI---Decree of Banking Court---Execution---Applicability of C.P.C.---Section 19(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001, provided that the decree of the Banking Court shall be executed in accordance with the provisions of the Code of Civil Procedure, 1908, or any other law for the time being in force or in such manner as the Banking Court may, at the request of the decree-holder, consider appropriate including recovery as arrears of land revenue---Court had the discretion to adopt any of the said modes but once the court opted to execute the decree in accordance with the provisions of the Code of Civil Procedure, 1908, it could not depart therefrom. (b) Civil Procedure Code (V of 1908)--- ----O. XXI, Rr. 54 & 66---Execution of decree---Auction of -debtor's immoveable property---Proclamation of sale---Purpose---Wide publicity---Purpose behind enactment of O. XXI, Rr. 54 & 66, C.P.C., was to give wide publicity to the sale of the property so that maximum number of people may turn up to participate in it and give bids that matched the price the property deserved. (c) Civil Procedure Code (V of 1908)--- ----O. XXI, Rr. 54 & 67---Execution of decree---Auction of -debtor's immoveable property---Mode of making proclamation of sale---Directory provision---Scope---Contention that the provisions contained in O. XXI, Rr. 54 & 67, C.P.C., were only directory in nature and not mandatory, thus failure to comply therewith could not undo an auction---Validity---Such contention was correct so long as it did not cause prejudice to any of the stakeholders, but where it was otherwise, failure to comply with the said provisions could not be brushed aside without due application of mind--- Court had to undo a sale if failure to comply with the said provisions caused injustice, as said provisions had been enacted to advance and not impede the cause of justice. Ghulam Abbas v. Zohra Bibi and another PLD 1972 SC 337 ref. (d) Civil Procedure Code (V of 1908)--- ----O. XXI---Limitation Act (IX of 1908), First Sched.,…
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