| Citation(s) |
|---|
| 2002 SLG 2141 2002 SLD 2141 2002 CLD 463 |
Lahore High Court
Regular First Appeal No. 158 of 1990, decision dated: 19-11-2001.
MIAN NAZIR AKHTAR AND MAULVI ANWARUL HAQ, JJ
Mian Nisar Ahmad for Appellant. Khalid Salim for
Respondent No. 2. Syed Zamir Hussain for
Respondent No. 4,
Regular First Appeal No. 158 of 1990, decision dated: 19-11-2001.
MIAN NAZIR AKHTAR AND MAULVI ANWARUL HAQ, JJ
Mian Nisar Ahmad for Appellant. Khalid Salim for
Respondent No. 2. Syed Zamir Hussain for
Respondent No. 4,
Chaudhry ABDUL MAJID --Appellant
VS
. SADAQAT SAEED MALIK and 3 others --Respondents
Law:
Section:
(a) Civil Procedure Code (V of 1908) O.XXII, R.4(3)(4) & S 96 Appeal Death of one of the respondents No list of legal representatives was filed by the deceased respondent during the trial and the counsel expressed his difficulty in pursuing further with the case Validity High Court, in view of amendment of O.XXII, R.4, C.P.C. effected by Law Reforms Ordinance, 1972, opted to proceed with hearing of the appeal. (b) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979) S.8(3) Civil Procedure Code (V of 1908), O.XXI Execution Of decree Procedure to be adopted by Banking Court Principles Once the Banking Court had opted to execute decree in the manner prescribed in Civil Procedure Code, 1908, more particularly in accordance with the provisions of O.XXI, C.P.C. thereof, the discretion vested in the Banking Court by virtue of S.8(3) of the Banking Companies (Recovery of Loans) Ordinance, 1979, to adopt any mode or procedure for execution of its decree stood exhausted. Hudaybia Textile Mills Ltd. and others v. Allied Bank of Pakistan Ltd. and others PLD 1987 SC 512 ref, (c) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979) Ss. 6(4) & 8(3) Civil Procedure Code (V of 1908), O.XXI, Rr. 62 & 103 Execution of decree Objection to attachment and sale of mortgaged property Jurisdiction of Banking Court Scope Attachment and sale of the property in execution of decree was a matter which squarely fell within the exclusive jurisdiction of Banking Court vested in it by S.6(4) of the Banking Companies (Recovery of Loans) Ordinance, 1979, and jurisdiction of any other Court in such matters was completely barred. (d) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979) S.6(4) Civil Procedure Code (V of 1908), S.96 & O.XXI, Rr. 62, 103 Specific Relief Act (I of 1877), S.12 Specific performance of agreement to sell Property auctioned in execution proceedings ¬-Suit property was auctioned by Banking Court in execution proceedings, sale was confirmed and sale certificate was ordered to be issued Plaintiff alleged that agreement to sell regarding suit property was executed in his favour by the owner for valuable consideration Trial Court in…
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