Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------Ss. 9, 19 & 22--Civil Procedure Code (V of 1908), O.XXI, R.26---Suit for recovery of loan---Execution proceedings for realization of decretal amount---Sale of mortgaged property---Suit for recovery of loan filed by Bank on basis of mortgage of property was decreed---Decree-holder Bank initiated execution proceedings for realization of decretal amount through sale of mortgaged property---Objector assailed the sale of mortgaged property through auction and filed application seeking stay of auction proceedings under O.XXI, R26, C.P.C. contending that property in question was gifted away by objector 2 to her arid five others through gift-deed duly executed and registered with the Sub-Registrar---Onus to prove execution of alleged gift-deed was on the objector as execution of the gift-deed was denied by Bank, but objector failed to discharge the onus---Objector simply appeared as her own witness and no independent witness was produced by her to prove execution of said gift-deed and produced certain documents in evidence, including alleged gift-deed but she did not summon the stamp vendor and scribe of the gift-deed---Even the record of Sub-Registrar was neither summoned nor produced in evidence in order to prove execution and registration of deed---Local Commissioner before whom gift-deed was allegedly presented and attested, was also not produced in evidence---Marginal witnesses of the gift-deed were neither summoned nor produced in evidence in order to prove execution and genuineness of gift-deed---Objector in circumstances, had failed to prove execution of valid gift-deed and same was not proved---Subsequent letters, even if admitted, would not advance case of the objector as those were based on gift-deed, execution of which had not been proved---Case of objector being not based upon oral gift, but from the very inception she was only relying upon the gift-deed, it could neither be argued nor held that even if gift-deed was not proved, oral gift could be accepted----Objector having failed to prove execution and existence of valid and legal gift-deed qua the mortgaged property,…

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