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Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S. 7 Civil Procedure Code (V of 1908), O.XXI- Rr.58, 59 & 62 ¬Execution of decree Objection to attachment of property ¬Respondent claimed to be bona fide purchaser for value of attached property without notice of any encumbrance thereon and in possession thereof since 1996, when agreement to sell was executed in his favour by debtor Executing Court accepted such agreement at its face value without determining the allegation of decree holder Bank that such agreement was collusive and there was no conveyance of title in favour of the respondent Validity Provisions of O.XXI, R.62, C.P.C., mandated an inquiry in order to determine such matter of factual contention Appellate Court accepted the appeal, set aside the impugned order and remanded the case to Executing Court for decision afresh along the lines indicated. ORDER The contentions of learned counsel for the appellant have already been noted in the order dated 22 10 2001 and, therefore, need not be repeated. 2. Learned counsel for respondent No. 1 states that the said respondent, namely, Sajid Mahmood is a bona fide purchaser for value, of House No.262/2 Phase II, Defence Housing Authority Lahore. He has also contended that he is in possession of the said property since 1996 when an agreement to sell was executed in his favour by Javed Mahmood respondent No. 2 who is a judgment debtor. 3. We have gone through the impugned order dated 20 9 2001 and note that the learned Executing Court has proceeded to accept the agreement of sale at face value without making a determination in respect of…

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