Case Details

Citation(s)
2023 SLG 546 2023 SLD 546 2023 CLD 345
Lahore High Court
E.F.A. No. 66967 of 2021, heard on 22nd November, 2022. heard on: : 22nd November, 2022.
ABID AZIZ SHEIKH AND SULTAN TANVIR AHMAD, JJ

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AKMAL AZIZ and 3 others

VS

HABIB BANK LIMITED and another

Law: Financial Institutions (Recovery of Finances) Ordinance, 2001

Section: 22

Law: Civil Procedure Code (V of 1908)

Section: 89,90,92

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 22---Civil Procedure Code (V of 1908), O. XXI, Rr. 89, 90, 92---Suit for recovery of Bank loan---Execution of decree---Objection to auction---Right of legal heirs---Appellants were legal representatives of deceased -debtor who after confirmation of sale filed objections under O. XXI, R. 89, C.P.C. which were dismissed by Banking Court---Plea raised by appellants was that after death of -debtor sale could not have been confirmed without notice to legal heirs---Validity---Application under O. XXI, R. 90, C.P.C. was dismissed in the life time of deceased -debtor, who failed to exercise his right under O. XXI, R. 89, C.P.C., within permissible time by depositing amount as stipulated in O. XXI, R. 89(1)(a), (b), C.P.C. read with O. XXI, R. 92(2), C.P.C.---Deceased -debtor was left with no interest that could be affected or which…
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