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

Section: 19

Law: Civil Procedure Code (V of 1908)

Section: 12(2), O.XXI, Rr. 58 & 60

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 19---Civil Procedure Code (V of 1908), S. 12(2), O.XXI, Rr. 58 & 60--Execution of decree---Setting aside of judgment---Forged document---Proof---Nonrecording of evidence---Effect---Appellants claimed to be owners of mortgaged property on the basis of registered sub-leases of plot in question---Banking Court dismissed application under S. 12(2), C.P.C. and maintained judgment in question--Validity---There were only words against words; it was only in response to S.12(2), C.P.C. application that Banking Court found that the instruments were not genuine and fake---Thus required trial, more particularly when registered instruments were obtained and/or executed much before equitable and registered mortgage of year 2003---Sub-leases of appellants were registered in the year 1998 and application under S. 12(2), C.P.C., could not have been dismissed summarily via order under appeal---Division Bench of High Court set aside order in question and remanded the case to Banking Court to allow parties who might record their respective evidence, if they so desired---Appeal was allowed accordingly.JUDGMENTThis appeal is arising out of order dated 06.04.2019 passed by Banking Court No.1 at Karachi in Suit No.16 of 2005 (Execution Application No.61 of 2010) whereby applications filed by the appellants under section 12(2) read with Order XXI, Rules 58 and 60 and section 151, C.P.C. and application under Order XXI, Rule 26 read with section 151, C.P.C. for stay of execution proceedings were dismissed.2.    Very brief facts of the case are that appellants on the strength of their respective registered subleases, which were in respect of a plot having been bifurcated into many, filed application under section 12(2), C.P.C. against a judgment and decree along with stay of execution proceedings. The appellants…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492