Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XL VI of 2001)------S.22(3)---Civil Procedure Code (V of 1908), S.141 & O.VI, R.14---Execution of decree---Objection petition, non-signing of---Property was auctioned in execution of decree but decree-holder objected to the sale price same being less---Objection petition was dismissed by Banking Court for the reason that the same had not been signed by decree-holder---Plea raised by the decree-holder was that it was a curable irregularity---Validity---Power of attorney in favour of counsel for decree-holder who appeared before Banking Court was duly signed by the authorized person and was available on record---Non-signing of objection petition either by any duly authorized representative of decree-holder or by duly appointed counsel was just an irregularity which occasioned due to inadvertence---Non-signing of objection petition was not intentional/deliberate and Executing Court should have allowed one chance to decree-holder for curing the defect by allowing decree-holder to sign the objection petition already pending or to file fresh objection petition duly signed for its determination on merits---To all proceedings of civil nature, under the provisions of S.141, C.P.C., the provisions of Civil Procedure Code, 1908; were applicable---Defect of non-signing of objection petition could be cured under O.VI, R.14, C.P.C., being bona fide omission and same- was not tainted with bad faith---Order passed by Banking Court was set aside and the case was remanded to Banking Court for decision afresh---Appeal was allowed accordingly. Ismail and another v. Mst. Razia Begum and 3 others 1981 SCMR 687; Ghulam Mohi-ud-Din and another v. Noor Dad and 4 others PLD 1988 SC (AJ&K) 42; Taj Muhammad v. Muhammad Azam Sattar and another 1998 CLC 787; Ali Muhammad and 2 others v. Gulfam and another PLD 1983 Kar. 99 and Messrs Pakland Scientific Production v. Messrs Pioneer Insurance Company Ltd. and another PLD 1991 Kar. 414 ref. Faqir Muhammad and others v. Mst. Muhammad Bibi and others PLD 1991 SC 590 rel. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S.22(3)---Execution of…

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