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GHULAM MUHAMMAD vs ZARAI TARAQIATI BANK LTD — 2024 CLD 655 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLD 655 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLD
Parties
GHULAM MUHAMMAD vs ZARAI TARAQIATI BANK LTD
Subject matter
Criminal

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

GHULAM MUHAMMAD VS ZARAI TARAQIATI BANK LTD. Ss.9, 10 & 22---Suit for recovery of finance facility---Legal heirs of deceased borrower---All legal heirs not impleaded---Effect---Respondent / bank did not implead all appellants / legal representatives of deceased borrower and Banking Court decreed the suit only to the extent of appellants / legal representatives---Validity---Suit was filed by respondent / bank against some and not all legal heirs of deceased borrower as per names of legal representatives disclosed by appellant / legal representative in power of attorney attached to appeal---Judgment and decree could not be enforced against those legal representative of deceased borrower who were not impleaded in suit before Banking Court and were not given opportunity of hearing notwithstanding that any claim of legal representatives on land of deceased borrower would be subject to the first lien (mortgage) of respondent / bank---High Court declined to interfere in judgment and decree passed by Banking Court in favour of respondent / bank, as the same was proper and based on facts and law which did not suffer from any illegality---Appeal was dismissed, in circumstances.

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