Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance, (XLVI of 2001)------Ss.9, 19 & 22---Suit for recovery of loan---Execution of decree---Property owned by respondent (3) having been attached, respondents (5 to 9) filed objections against said attachment, contending that respondent (3) had surrendered his share in the suit property in favour of their predecessor-in-interest---Validity---Question of title in respect of attached property could not have been summarily decided by Executing Court---Document had to be produced and proved in accordance with law, to be considered for decision of the matter--High Court, allowing appeal, set aside the impugned order with the result that objection petition filed by respondents (5 to 9) would be deemed to be pending before the Banking Court---Executing Court would frame appropriate issue arising out of said pleadings and after recording evidence of parties, would decide the matter within prescribed period of time. JUDGMENT MAULVI ANWARUL HAQ, J.---In execution of a money decree passed in favour of the appellant and against the respondents Nos. 1 to 4, inter alia, Property No.237-A Block, Muslim Town, Lahore stated to be owned by respondent No.3 party was attached. Respondents Nos. 5 to 9 filed objections against attachment. According to them, respondent No.3 had surrendered his share in the suit property in favour of their predecessor in interest namely Kh. Muhammad Suleman. The application was allowed by learned Judge Banking Court-II, Lahore on 24-6-2006. 2. Learned counsel for the appellant contends that admittedly respondent No.3 had acquired the said property along with Haji Kh. Muhammad Yaqub and Mst.…

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