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

Section: 9, 10, 22

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)---

----Ss.9, 10 & 22---Suit for recovery of finance facility---Legal heirs of deceased borrower---All legal heirs not impleaded---Effect---Respondent / bank did not implead all appellants / legal representatives of deceased borrower and Banking Court decreed the suit only to the extent of appellants / legal representatives---Validity---Suit was filed by respondent / bank against some and not all legal heirs of deceased borrower as per names of legal representatives disclosed by appellant / legal representative in power of attorney attached to appeal---Judgment and decree could not be enforced against those legal representative of deceased borrower who were not impleaded in suit before Banking Court and were not given opportunity of hearing notwithstanding that any claim of legal representatives on land of deceased borrower would be subject to the first lien (mortgage) of respondent / bank---High Court declined to interfere in judgment and decree passed by Banking Court in favour of respondent / bank, as the same was proper and based on facts and law which did not suffer from any illegality---Appeal was dismissed, in circumstances.

JUDGMENT