KHADIM HUSSAIN SANDHU vs MUSLIM COMMERCIAL BANK LIMITED Nature, determination of

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KHADIM HUSSAIN SANDHU VS MUSLIM COMMERCIAL BANK LIMITED Nature, determination of---Principle---Merely captioning an application or a document is not always material rather it is the instrument, application or document which determines its nature. Citation Name: 2025 CLD 1646 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHADIM HUSSAIN SANDHU VS MUSLIM COMMERCIAL BANK LIMITED Ss.19 & 22---Limitation Act (IX of 1908), S. 5---Civil Procedure Code (V of 1908), O.XXI, Rr. 89 & 90---Constitution of Pakistan, Art. 199---Constitutional petition---Execution of decree---Auction, setting aside of---Objections---Converting Constitutional petition into appeal---Principle of approbate and reprobate---Scope---Petitioner objected to sale of mortgaged property through auction for recovery of decretal amount---Validity---Petitioner repeatedly changed his stance, firstly, he objected to conduct of auction and secondly, he made request to treat his application as under O. XXI, R. 89, C.P.C.---Petitioner once again resiled from the same and raised challenge to terms of auction---Such frequent shifts and developments were hit by principle of approbate and reprobate---Petitioner could not be permitted to adopt one stance and to resile from the same before fora below and then to file Constitutional petition before High Court permitting him once again to take a somersault---Petitioner did not make any request for permission to deposit any amount under O. XXI, R. 89, C.P.C. and even time period provided by law had elapsed---Constitutional petition was filed much after the period for filing an appeal under S. 22 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Limitation period was prescribed by Financial Institutions (Recovery of Finances) Ordinance, 2001, which was a special law to which provisions of S. 5 of Limitation Act, 1908 were not applicable---Petitioner did not make any request nor application to condone the delay was made---No question had arisen to convert Constitutional petition into appeal---High Court declined to interfere in the orders passed by Banking Court which were in consonance with law---Constitutional petition was dismissed, in circumstances.

KHADIM HUSSAIN SANDHU vs MUSLIM COMMERCIAL BANK LIMITED Nature, determination of — 2025 CLD 1646 LAHORE-HIGH-COURT-LAHORE

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