Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 19---Civil Procedure Code (V of 1908), O. I., R.10, O.XXI, Rr. 84, 85 & 86---Execution of decree---Auction bidder---Impleading of necessary party---Entitlement---During pendency of suit, intervener sought himself to be impleaded as necessary party, on the plea that he was auction bidder of suit property during execution proceedings of decree passed by Banking Court---Validity---Proposed intervener failed to deposit 25% bid money with Banking Court concerned and could not assume status of auction purchaser---Against proposed intervener no relief was claimed in the suit---It was not necessary to join intervener as necessary party---Writ of attachment was issued in respect of property in question by Banking Court in execution proceedings, therefore, High Court declined to restrain Banking Court from executing decree--- Application was dismissed in circumstances. ORDER SYED SAEED-UD-DIN NASIR, J.---Through this application under Order I, Rule 10 read with section 151, C.P.C., Intervener Aamir Ahmed son of Saeed Ahmed seeks to be impleaded as necessary party. Reason assigned by the aforesaid proposed intervener for being impleaded as necessary party to the present Suit is that the said proposed intervener is bidder of the said property in Execution No.320/2009 in Suit No. 305 of 2008 before the learned Banking Court No. IV at Karachi. Counsel for the proposed intervener further submits that proclamation for the sale of the property bearing House No. B-9, Block II, Gulshan-e-Iqbal, KDA Scheme No.4 Karachi was published in Daily Dawn and Daily Jang, both dated 28-7-2012 and thereafter the proposed intervener participated in auction proceeding on 3-9-2012 and submitted offer through application amount of Rs.1,20,00,000 only and deposited Rs.500,000 only, however, proposed intervener with mala fide intention with the plaintiff deliberately did not join the intervener bidder, therefore present proposed intervener may be allowed to join as necessary party to the suit. In response to this application, the plaintiff filed counter-affidavit wherein the plaintiff has vehemently opposed the…

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