Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 19

Financial Institutions (Recovery of Finances) Ordinance, (XLVI of 2001)---Ss. 19(7)---Civil Procedure Code (V of 1908), O.XXI, R.89--�Limitation Act (IX of 1908), Art.166---Constitution of Pakistan (1973), Art.199---Constitutional petition---Application to set aside sale on deposit---Execution of decree---Suit for recovery filed by the Bank, against the petitioner, on the basis of a finance facility availed by the latter, was decreed---Petitioner's application during the execution proceedings to pay part of the decretal amount was dismissed by the Executing Court after providing opportunities for depositing the said amount--- Constitutional petition was filed by the petitioner---Objection of the Bank that the petitioner had filed application before the Executing Court under O.XXI, R.89, C.P.C., but had failed to deposit the said amount in terms of the said order within the prescribed period, which was a condition precedent in view of Art. 166 of Limitation Act, 1908---Validity---Petitioner had not deposited certain portion of the amount within the time prescribed by the law therefore, the petitioner had not approached the Court with clean hands--�Constitutional jurisdiction was discretionary in character, and Court would decline to exercise its discretion in favour of the petitioner on account of his conduct before it as well as the Executing Court---Such was a condition precedent to entertain the application of the petitioner subject to payment of a portion of said amount, which was not deposited by the petitioner--�Executing Court was justified to dismiss the application of the petitioner in circumstances. Nawab Syed Raunaq Ali's case PLD 1973 SC 236; Haji Saif Ullah's case PLD 1989 SC 166; Rana Muhammad Arshad's case 1998 SCMR 1462; National Bank of Pakistan's case 1990 MLD 258 and Rao Muhammad Suleman's case 1987 CLC 1338 ref. ORDER The brief facts out of which the present writ petition arises are that the respondent-Bank has awarded finance facility to the petitioner on 13-6-1990. An agreement was also executed between the parties and according to the terms and conditions of the agreement, the petitioner has to discharge his…