| Citation(s) |
|---|
| 2016 SLG 917 2016 SLD 917 2016 CLC 204 |
Sindh High Court
1st Appeal No. 27 of 2014, decided on 29th May, 2015. Date of hearing: 8th April, 2015.
AQEEL AHMED ABBASI AND SYED SAEED-UD-DIN NASIR, JJ
Abdul Qayyum Abbasi for Appellants. Ghulam Rasool Korai for
Respondent No. 1 along with Azmat Zuberi, Regional Manager (Litigation) of
Respondent No. 1. Abid Hussain for
Respondent No. 2.
1st Appeal No. 27 of 2014, decided on 29th May, 2015. Date of hearing: 8th April, 2015.
AQEEL AHMED ABBASI AND SYED SAEED-UD-DIN NASIR, JJ
Abdul Qayyum Abbasi for Appellants. Ghulam Rasool Korai for
Respondent No. 1 along with Azmat Zuberi, Regional Manager (Litigation) of
Respondent No. 1. Abid Hussain for
Respondent No. 2.
ASIF ALI KHAN and another
VS
STANDARD CHARTERED BANK LIMITED and another
Law:
Section:
Civil Procedure Code (V of 1908)--- -----O. XXI, Rr.66 & 67---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss.9 & 22---Suit for recovery of loan amount---Execution of decrees---Mode of execution---Notice to debtor before issuance of proclamation of sale---Requirement---Plaintiff, on defendant's failure to fully satisfy decretal amount as settled under compromise, filed second execution application---Defendant filed application seeking suspension of auction proceedings on ground that notice as required under O.XXI, R.66, C.P.C. had not been served upon him---Executing court, dismissed application filed under O.XXI, Rr.66 & 67, C.P.C., and confirmed auction sale of mortgaged suit property---Validity---Executing court had ordered proclamation of sale without issuance of notice under O.XXI, R.66, C.P.C., and, admittedly, no such notice had been served upon defendants by court for settling terms of auction sale---Provisions of O.XXI, R.66, C.P.C. were mandatory in nature, and non-compliance thereof in letter and spirit were fatal to sale proclamation---Non-issuance of notice under O.XXI, R.66, C.P.C. was material irregularity, which had vitiated whole auction proceedings---High Court, allowing present appeal, set aside impugned order of Banking Court and auction sale, directed Executing Court to put up suit property on re-auction after service of due notice upon defendant under O.XXI, R.66, C.P.C.---Appeal was allowed in circumstances. Hudaybia Textile Mills Ltd. and others v. Allied Bank of Pakistan Ltd. and others PLD 1987 SC 512; Muhammad lkhlaq Memon v. Zakaria Ghani and others PLD 2005 SC 819; United Bank Limited v. M/s. A.Z. Hashmi (Pvt.) Limited and 8 others 2000 CLC 1438; Mr. Yasmin Yaqoob v. M/s. Allied Bank of Pakistan Ltd and 3 others 2007 CLD 1511; Mukhtar Ahmed v. M/s. United Bank Limited 2013 CLD 841; Zulqarnain and 2 others v. Surbuland Khan and another 2004 SCMR 1084; M/s. Jugotekstile Impex, 61001, Lubijana Yugosalavia v. M/s. Shams Textile Mills Ltd. 1990 MLD 857 and Balagamwalla Cotton Ginners and Pressing Factory v. M/s. Akber Oil Mills PLD 1965 (W.P.) Kar. 460 ref. JUDGMENT SYED SAEEDUDDIN NASIR, J.--- This…
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