Law:

Section:

(a) Civil Procedure Code (V of 1908)-----O. XXXIV, r. 11--Negotiable Instruments Act (XXVI of 1981), Ss.22, 32 & 64--Suit on mortgage--Payment of interest--Decree awarding interest from date of promissory note, impugned--Promissory note falls due on date when it is made and maker is bound to make payment on same date and presentation for payment is unnecessary. Full Bench of Bombay High Court in Ganpat Tularam Mali v. Sopana Tukaram Mali AIR 1928 Bom. 35; Khurshid Haq v. Ramditta Mall AIR 1928 Lah. 665; Shaikh Imam Ali v. Ch. Muhammad Shafi PLD 1956 Lah. 341 and Norton v. Ellan 1837 2 M & W 461 ref. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Civil Procedure Code (V of 1908), O. XXXIV, r. 1--Suit on mortgage--Sale of mortgage property--Provisional Transfer Order of evacuee property issued by Settlement authorities--Document of title of limited nature--Suit for sale of mortgaged property--Petitioner having deposited with Bank, Provisional Transfer Order of immovable evacuee property, issued in his favour by Settlement authorities--Preliminary decree passed by High Court for sale of mortgaged property--Petitioner's plea that P.T.O. was not a document of title for purpose of creating a mortgage of property, repelled on ground that under provisions of rule 37 of Settlement Scheme No. 1, holder of a P.T.O. is permitted to mortgage property transferred to him under P.T.O. Nizam Ahmed, Advocate-on-Record for Petitioners. Nemo for Respondent Date of hearing: 21st February, 1982. JUDGMENT ABDUL KADIR SHAIKH, J.--National Bank of Pakistan, the respondent, filed a suit against petitioners on the Original Side of the former High Court of West Pakistan, Karachi Bench, under Order XXXIV of the Code of Civil Procedure for recovery of Rs.96,051.91, inter alia, praying for the sale of the mortgage property. Learned Single Judge in the High Court who dealt with the case held that no valid mortgage of the property was created in favour of the respondent bank, for, the Provisional Transfer Order of the property which was deposited by petitioners as the document of title did not vest right of ownership in the property in petitioners' favour. Learned Judge however…

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