Law: Civil Procedure Code (V of 1908)

Section: 151,47

Civil Procedure Code, 1908 (V of 1908)-- ----O.XXI Rr. 58 R.W S. 151--Financial Institutions Recovery Finances) Ordinance, 2001, Ss. 9, 22--Objection application--Dismissed--Finance facility--Default in payment--Suit for recovery wasdecreed--Execution application--Order for attachment of mortgaged property--Demarcation report of property--Report of tehsildar--Non-appearance of tehsildar in witness box--Opportunity of producing of evidence was not provided--Wrongly framing ofissues--Challenge to--Order passed by banking Court is not sustainable for reason that it relied solely on report of Tehsildar whereas he never appeared in witness box--Application filed by appellants, only they were allowed to produce one witness by banking Court--This order was a material irregularity on part of banking Court as respondent bank ought to be given opportunity to produce evidence--Issues were also wrongly framed by banking Court--Banking Court also wrongly concluded that appellants were required to approach civil Court for determination of their objections--Appeal allowed. Civil Procedure Code, 1908 (V of 1908)-- ----S. 47--Power of executing Court--Executing Court under Section 47, CPC has necessary powers to adjudicate upon all questions for execution, discharge and satisfaction of decree without putting parties to trouble of filing a separate suit. ORDER This appeal is filed under Section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the Ordinance) to lay a challenge to order dated 30.05.2014 passed by the banking Court in dismissing the application filed by the appellants objecting to the attachment of his property. 2. The relevant facts for determination of the controversy in this appeal may be stated as under. Respondent No. 2 being an employee of the respondent bank availed a finance facility and as security for repayment of the finance mortgaged his property measuring 1 Kanal 70 Sq. feet falling in Khasra Nos.3128 and 3129 purchased through sale deed 25.05.1989. In consequence of his default in repayment of the finance, the respondent bank filed recovery suit against him in which a decree was passed on 14.03.2001. The respondent bank filed…

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