Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)---------S.19---Civil Procedure Code (V of 1908), O.XXI, R.11(2)(i)---Execution of decree---Property mortgaged with Bank by -debtor---Objection petition---Objector claimed to be allottee of property after cancellation of allotment made earlier in favour of -debtor---Dismissal of execution petition after acceptance of objection petition---Validity--Statement of Patwari supporting such plea of objector could not be discredited by bank during cross-examination---Bank could not produce sufficient evidence to rebut statement of Patwari---Execution petition could not be dismissed as same could be executed through other modes provided under law---Banking Court should have allowed fair chance to Bank to get decree executed---High Court partly accepted appeal and set aside impugned order qua dismissal of execution petition. JUDGMENT MIAN HAMID FAROOQ, J.---Appellant/decree-holder, through the filing of the present appeal, has called in question order dated 28-3-2002, whereby the learned Banking Court accepted respondents Nos.2 to 34 objection petition and consequently dismissed appellant's execution petition. 2. Precisely stated the facts of the case are that appellant's suit for recovery of Rs.1,00,815, against Mst. Begum Bibi, was decreed through a preliminary decree dated 13-5-1996, which was made final on 21-11-1997, by the then Judge Banking Court. Pursuant thereto the appellant filed the execution petition, wherein respondents Nos.2 to 34, claiming to be the owners of the attached property, filed the objection petition, which was resisted by the appellant-Bank. Following issues were framed: Issues:------- (1) Whether the property mortgaged with decree-holder by judgment-debtor Mst. Begum Bibi was later on transferred to the objectors and she was no more owner thereof? OP. (2) Relief. The learned Banking Court recorded the evidence of the parties and ultimately accepted the objection petition and consequently dismissed execution petition through a composite impugned order dated 28-3-2002, hence the present appeal. 3. Despite publication in the newspaper, as none has entered appearance to…

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