Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-- ----S.19(7)---Civil Procedure Code (V of 1908), O.VI, R.17---Constitution of Pakistan (1973), Art.199---Constitutional petition--Amendment of pleadings---Purchase of encumbered property---Summary dismissal of objection petition---Petitioner being purchaser of mortgaged property, before putting the same in auction, filed objection petition before Executing Court--Auction took place and petitioner sought amendment of his objection petition, which petition was summarily dismissed by the Court---Validity---Serious allegations were levelled in respect of Court auction which if found true, would merit serious consideration and might justify -acceptance of petitioner's objection petition---Allegations made by petitioner needed to be probed in order to ensure that petitioner would not be deprived of his rights on the basis of auction report which" might be untrue---Factual controversy, which necessarily arose from allegations made in amendment application, could not be determined without allowing amendment in objection petition---Petitioner had a valid and subsisting interest in the property, which he was entitled to assert and protect even if the property was encumbered and was liable to be brought to sale in execution of decree---Reasons given by Executing Court for dismissing petitioner's application were not sustainable thus order dismissing the application was set aside and application under O.VI, R.17, C.P.C. was allowed--Petition was allowed accordingly. (b) Administration of justice--- ----Court, duty of---Scope---Principal obligation of Court is to ensure that matters pertaining to valuable property rights of parties are properly adjudicated. JUDGMENT JAWWAD S. KHAWAJA, J.---Ghulam Shabbir petitioner impugns the order dated 23-2-2006 passed by the learned Judge Banking Court-IV, Lahore, whereby . an application filed by him under Order VI, rule 17, C.P.C. seeking amendment of an objection petition filed by him under section 19(17) of the Financial Institutions (Recovery of Finances) Ordinance, 2001, has been dismissed. 2. In order to understand the matter in contention before us, it…

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