| Citation(s) |
|---|
| 1991 SLG 1347 1991 SLD 1347 1991 SCMR 1756 |
Supreme Court of Pakistan
Civil Review Petitions No.69-R of 1987 and 8-R of 1988, decision dated: 21st February, 1990 (For review of judgment dated 12-8-1987, passed in Civil Appeal No.90 of 1987)
SHAFIUR RAHMAN AND RUSTAM S. SIDHWA, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Review Petitions No.69-R of 1987 and 8-R of 1988, decision dated: 21st February, 1990 (For review of judgment dated 12-8-1987, passed in Civil Appeal No.90 of 1987)
SHAFIUR RAHMAN AND RUSTAM S. SIDHWA, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Messrs HUDAYBIA TEXTILE MILLS LIMITED and 8 others
ALLIED BANK OF PAKISTAN LIMITED and 7 others
Law:
Section:
Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--S. 8(3)---Civil Procedure Code (V of 1908), O.XXI, R.80---Supreme Court Rules, 1980, O.XXVI---Review---Grounds for review were that in under review, power of Special Court with regard to execution of decree passed by such Court was recognized by holding that procedure provided in S.8(3), Banking Companies. Recovery of Loans Ordinance, 1979 was contrary to the procedure provided for execution of a decree under Civil Procedure Code, 1908; and reservation by Supreme Court of the power of confirmation of auction, as distinguished from confirmation of sale; both of which were within the amptitude of power possessed by the Court under S.8(3), Banking Companies (Recovery of Loans) Ordinance, 1979, in the matter of execution of decree, were ignored or not given due effect to in holding that sale was to be governed throughout by the provisions of Civil Procedure Code, 1908, overriding those express provisions--Case for review of matter was made out in circumstances---Second Review Petition would however, be heard subject to objection with regard to the locus standi of petitioners to move such application. ORDER SHAFIUR RAHMAN, J.---These two Review Petitions have been moved on the ground chat in the judgment under review, a power of the Special Court was recognized in express terms by holding as hereunder:-- ".. So far as execution of the decree passed by the Special Court is concerned the procedure provided in section 8(3) is contrary to the procedure provided for execution of a decree under the C.P.C." The reservation by the Court of the power of confirmation of auction, as distinguished from confirmation of sale made in Order dated 14-9-1985 in the following words:-- "Since there is no concluded compromise the auction may , go on. However, auction may not be confirmed in the meanwhile. Notice to the Bank for a…
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