AKMAL AZIZ vs HABIB BANK LIMITED S — 2023 CLD 345 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 345 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: AKMAL AZIZ vs HABIB BANK LIMITED S
Subject matter: Criminal
Provisions referred to: S. 22---C; 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

AKMAL AZIZ VS HABIB BANK LIMITED S. 22---Civil Procedure Code (V of 1908), O. XXI, Rr. 89, 90 & 92---Suit for recovery of Bank loan---Execution of decree---Objection to auction---Right of legal heirs---Appellants were legal representatives of deceased judgment-debtor who after confirmation of sale filed objections under O. XXI, R. 89, C.P.C. which were dismissed by Banking Court---Plea raised by appellants was that after death of judgment-debtor sale could not have been confirmed without notice to legal heirs---Validity---Application under O. XXI, R. 90, C.P.C. was dismissed in the life time of deceased judgment-debtor, who failed to exercise his right under O. XXI, R. 89, C.P.C., within permissible time by depositing amount as stipulated in O. XXI, R. 89(1)(a) & (b), C.P.C. read with O. XXI, R. 92(2), C.P.C.---Deceased judgment-debtor was left with no interest that could be affected or which could have been passed on to legal representatives---High Court declined to interfere in order passed by Banking Court---Appeal was dismissed in circumstances.

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