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MUHAMMAD ASIF vs STANDARD CHARTERED BANK (PAKISTAN) LIMITED Ss — 2022 CLD 1021 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLD 1021 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLD
Parties
MUHAMMAD ASIF vs STANDARD CHARTERED BANK (PAKISTAN) LIMITED Ss
Subject matter
Criminal
Provisions referred to
S. 51; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ASIF VS STANDARD CHARTERED BANK (PAKISTAN) LIMITED Ss. 19 & 22---Civil Procedure Code (V of 1908), S. 51, O. XX1, Rr. 37 & 40---Execution of decree---arrest and detention of judgment debtor---Principle---auction of mortgaged property, interference with---Proof---Judgment debtor was aggrieved of issuance of warrants of arrest against him for causing obstruction in auction of mortgaged property---Validity---In absence of any affidavit of any of the residents of locality supporting decree holder's plea of influence of judgment debtor to prevent sale and without inquiry or taking steps for ensuring success of auction, decision to shift from auction of mortgaged property to arrest and detention of judgment debtor, when there was no defect in title and when decretal debt could not be recovered from sale proceeds by auction of mortgaged properties, order issuing arrest warrants could not be countenanced---High Court directed Banking Court to execute decree firstly through auction of mortgaged properties and set aside orders of arrest and detention of judgment debtor---appeal was allowed, in circumstances.

Other judgments reported in 2022 CLD

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