ABDUL KHALID vs HABIB BANK LIMITED Ss — 2024 CLD 338 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 CLD 338 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: CLD
Parties: ABDUL KHALID vs HABIB BANK LIMITED Ss
Subject matter: Civil
Provisions referred to: 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

ABDUL KHALID VS HABIB BANK LIMITED Ss.19 & 22---Civil Procedure Code (V of 1908), O. XXI, R. 64---Execution proceedings---Notices, non-issuance of---Death of judgment debtor---Appellants were legal heirs of deceased judgment debtor who claimed to have not received any notice issued by Court during execution proceedings---Validity---Notices had to be sent to each of the legal heirs of deceased judgment-debtor even if address was the same---Court notices and sale proclamation were issued in year 2021 to a dead person who had passed away in year 2017---In spite of decree holder bank amending title of execution proceedings, mandatory requirement of notices to all legal heirs of deceased judgment-debtor, went unnoticed and slipped under the radar---No one should suffer on account of a procedural lacuna on the part of the Court, but then neither should any party benefit or suffer on such account---Decree holder bank should have also remained more vigilant and pointed out such critical missing information and mandatory requirement in Banking Court notices and sale proclamation to the concerned officer of the Court---High Court set aside order in question and remanded the matter to Banking Court to implead all legal heirs of deceased Judgment-Debtor as per her family tree set out in Family Registration Certificate (FRC) issued by NADRA--- Appeal was allowed accordingly.

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