AISHA RAHMAN vs ALLIED BANK LIMITED S — 2022 CLD 981 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLD 981 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLD
Parties: AISHA RAHMAN vs ALLIED BANK LIMITED S
Subject matter: Criminal
Provisions referred to: S. 19; S. 47; S. 10; Limitation Act (IX of 1908); Civil Procedure Code (V of 1908); Limitation Act

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

AISHA RAHMAN VS ALLIED BANK LIMITED S. 19(7)---Limitation Act (IX of 1908), First Schedule, Art. 166---Civil Procedure Code (V of 1908), S. 47 & O. XXI, R. 89---Execution of decree---Auction proceedings---Objections, filing of---Limitation---Appellant filed objections to auction proceeding for sale of mortgaged property---Executing Court dismissed objection petition on the ground of limitation---Validity---Auction in question was held on 15-02-2021 and application under O. XXI, R. 89, C.P.C. was filed on 5-04-2021, whereas sale was confirmed by Banking Court on 23-4-2021---No order was passed by Banking Court before 23-4-2021 whereby bid of respondent was expressly accepted by Court---Order dated 23-4-2021 contained that for the purpose of limitation, Executing Court held that sale was to have taken place on 15-2-2021 i.e. date of fall of hammer and not acceptance of the offer, such finding was contrary to legal position in O. XXI, R. 89, C.P.C.---High Court set aside order passed by Executing Court and period of 30 days limitation prescribed under Art. 166 of First Schedule to Limitation Act, 1908 was to run from date of sale i.e. 23-4-2021---High Court remanded the matter to Executing Court for objection application to be decided afresh---Appeal was allowed accordingly. S. 10(1)---Term "judgment debt"---Scope---"Judgment debt" is decretal amount and mark up visualized under S. 10 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, is included in the same.

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