Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------Ss. 9, 14 & 19---Civil Procedure Code (V of 1908), O.X XIV, R.5---Suit for recovery of loan---Impleading of guarantors and mortgagors as defendants---Mortgage deed was appended with the plaint---Said defendants never entered appearance and suit was decreed---Execution of decree--Application under O.XXXIV. R.5, C.P.C. by defendants was refused---Validity---Decree revealed that it was for recovery of money only, inter cilia, against the said defendants---Executing Court, no doubt, had the jurisdiction to examine all the documents on record to ascertain true import of the decree but it could not travel beyond the decree---Contentions raised by the defendants (guarantors and mortgagors) pertained to interpretation of a document filed before the Banking Court where the defendants never entered appearance or replied to the show-cause notice and decree was eventually passed---To permit the defendants to raise said issue at the appeal stage before the High Court would amount to a retrial of the suit which was not possible in execution proceedings and the Court executing the decree could not sit in appeal against the decree sought to be executed before it---Application of the defendants under O.XXXIV R.5, C.P.C. in circumstances, was rightly dismissed by the impugned order. ORDER This appeal is directed against the order dated 4-1-2006 whereby the learned Judge of Banking Court No.IV, Lahore, dismissed appellant's miscellaneous application purportedly under Order XXXIV, Rule 5, C.P.C. 2. Brief facts of the case are that respondent No.1 Bank filed a suit for recovery of facility extended to respondent No.2, wherein, present appellants as well as respondents 3 to 14 were also impleaded as defendants. Present appellants, as per contents of the plaint, were impleaded as guarantors and mortgagors. Appellants did not enter appearance nor did they file any reply to the show-cause notice. Suit was eventually decreed against the appellants and respondents 2 to 14. Execution proceedings commenced, wherein, the appellants filed application stating therein that mortgage deed executed by the appellants…

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