TRAVEL INTERNATIONAL LIMITED vs HABIB BANK LIMITED O — 2022 CLC 1491 LAHORE-HIGH-COURT-LAHORE

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TRAVEL INTERNATIONAL LIMITED VS HABIB BANK LIMITED O.XXI, Rr.66 & 90---Limitation Act (IX of 1908), Art.166---Execution proceedings---Limitation---Notice to judgment debtor---Change of address---Knowledge of decree holder---Fraud, committing of---Effect---Appellant/judgment debtors were aggrieved of dismissal of their objections against auction of mortgaged land at throwaway price---Plea raised by them was that they were residing abroad and Bank had been corresponding with them on that address but notice were sent to the address available in record---Validity---Appellants/judgment debtors were not residing at addresses provided by decree holder Bank and address at Jeddah was known to Bank--- Executing Court was under legal obligation to identify through recording of evidence whether notices under O.XXI, R.66, C.P.C. were withheld fraudulently or not---If it was proved that Bank despite having knowledge of new address of appellants/judgment debtors withheld information from Executing Court then whole superstructure for sale was to fall---Judgment debtors were kept away from proceedings against them, then for such ex parte decree, subsequent auction proceedings and confirmation of sale, period of limitation was to commence from the date of knowledge of fraud or proceedings---Land in question was sold at a throwaway price and was causing substantial injury and loss to appellants/judgment debtors---Executing Court should have considered such aspect of the matter and exercised its jurisdiction under O.XXI, R.90, C.P.C. even in absence of appellants / judgment debtors---High Court set aside orders passed by Executing Court on objection petitions filed by appellants / judgment debtors and remanded the matter for decision afresh---Appeal was allowed accordingly.

TRAVEL INTERNATIONAL LIMITED vs HABIB BANK LIMITED O — 2022 CLC 1491 LAHORE-HIGH-COURT-LAHORE

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