Haji KHALID DAD NASIR vs STANDARD CHARTERED BANK (PAKISTAN) LIMITED Ss — 2024 CLD 1421 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 CLD 1421 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: CLD
Parties: Haji KHALID DAD NASIR vs STANDARD CHARTERED BANK (PAKISTAN) LIMITED Ss
Subject matter: Civil
Provisions referred to: S. 47; 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

Haji KHALID DAD NASIR VS STANDARD CHARTERED BANK (PAKISTAN) LIMITED Ss. 19 & 22---Civil Procedure Code (V of 1908), S. 47, O. XXI, Rr. 90 & 100---Execution proceedings---Undivided property---appellant / objector was co-sharer in an undivided property whereon petrol pump in question was situated---Plea raised by appellant / objector was that no auction could be held without partition of land which was a joint Khata---Validity---Nothing was available on record to establish that petrol pump was situated on landed property owned by respondent / judgment debtor---In absence of any demarcation of landed property pledged by respondent / judgment debtor for availing finance facility in question, Banking Court could not arrive at any conclusion to reject claim of appellant / objector that the petrol pump to be auctioned, was situated on his share of property in joint Khata---appellants / objector who were neither defendants, customers, borrowers, mortgagors, indemnifiers of guarantors of respondent / decree holder bank had been held by the Banking Court to be not prejudiced in auction proceedings of property belonging to respondent / judgment debtor---Sale certificate was issued in favour of respondent / decree holder, without demarcation of property vis-à-vis appellant / objector---High Court set aside order in question and remanded the matter to Banking Court for decision afresh on the objection filed by appellant / objector--appeal was allowed accordingly.

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