| Citation(s) |
|---|
| 2025 SLG 531 2025 SLD 531 = 2025 SCMR 298 |
Supreme Court of Pakistan
Civil Petition No. 3811 of 2019, decided on 15th January, 2024. (Against the order dated 12.09.2019 passed by Lahore High Court, Lahore in E.F.A. No. 50073 of 2019).
Present: Qazi Faez Isa, C.J., Muhammad Ali Mazhar and Musarrat Hilali, JJ
Rai Azhar Iqbal Kharal, Advocate Supreme Court for Petitioners. Zulfiqar Khalid Maluka, Advocate Supreme Court for
Respondent No. 1. Abdul Hameed Chohan, Advocate Supreme Court for
Respondent No. 2. Date of hearing: 15th January, 2024.
Civil Petition No. 3811 of 2019, decided on 15th January, 2024. (Against the order dated 12.09.2019 passed by Lahore High Court, Lahore in E.F.A. No. 50073 of 2019).
Present: Qazi Faez Isa, C.J., Muhammad Ali Mazhar and Musarrat Hilali, JJ
Rai Azhar Iqbal Kharal, Advocate Supreme Court for Petitioners. Zulfiqar Khalid Maluka, Advocate Supreme Court for
Respondent No. 1. Abdul Hameed Chohan, Advocate Supreme Court for
Respondent No. 2. Date of hearing: 15th January, 2024.
Chaudhary GHULAM HUSSAIN and another ---Petitioners
VERSUS
Messrs SAUDI PAK COMMERCIAL BANK LIMITED, LAHORE and another ---Respondents
Law: Financial Institutions (Recovery of Finances) Ordinance, 2001
Section: 19, 22
Law: Civil Procedure Code (V of 1908)
Section: O. XXI, Rr. 89, 90
Law: Limitation Act, 1908
Section: 166
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 19 & 22---Civil Procedure Code (V of 1908), O. XXI, Rr. 89 & 90--Limitation Act (IX of 1908), First Sched., Art. 166---Execution of decree--Objections---Limitation---Petitioners filed objections against sale of mortgaged property which objections were dismissed---Validity---Property was auctioned on 19-07-2016 while petitioners filed objections in Executing Court on 14-05-2019--Compliant with Article 166 of First Schedule to the Limitation Act, 1908, only thirty days' time was provided for making any application for setting aside a sale in execution of decree, including any such application filed by judgment debtor--Petitioners filed their objection petition to sale after more than three years, and thus, the same was time barred---Supreme Court declined to interfere in order passed by High Court as there was no illegality in it---Petition for leave to appeal was dismissed and leave was refused.JUDGMENTMUHAMMAD ALI MAZHAR, J.---This Civil Petition for leave to appeal is directed against the judgment dated 12.09.2019, passed by the Lahore High Court in E.F.A. No. 50073/2019, whereby the Execution First Appeal filed by the petitioner under Section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, was dismissed.2. The transitory facts germane to the present controversy are that the Respondent No. 1 filed a banking suit for recovery, resulted in an ex-parte decree against the petitioners. An application was filed for setting aside the ex-parte decree, but it was dismissed on14.01.2010, against which, F.A.O. No. 59/2010 is pending in the Lahore High Court. In order to satisfy the decree in the execution proceedings, the mortgaged property was auctioned on 19.07.2016, which was also challenged by the petitioners in E.F.A. No. 958/2016. The High Court disposed of the said appeal with the permission to the petitioners to match the highest bid. Despite approaching to match the highest bid, the petitioners failed to deposit any amount; hence, the application was dismissed on 28.04.2018. The subsequent application for seeking a review of the order was also…
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