| Case ID |
0a59fefb-a421-42dd-9841-336cdc2807db |
| Body |
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| Case Number |
First Appeal from Order No. 280 of 1999 |
| Decision Date |
Dec 23, 1999 |
| Hearing Date |
Dec 23, 1999 |
| Decision |
The Lahore High Court upheld the lower court's dismissal of the appellant's objections to the attachment of property, determining that the objections were filed in bad faith and aimed at defeating a valid decree. The court found that the appellant had ample opportunity to present evidence to counter the claims of the Registrar of Cooperative Societies that the appellant was a 'fake and bogus' society, yet failed to do so. The appeal was dismissed due to the absence of notice as mandated under the relevant rules of the Civil Procedure Code, further solidifying the court's ruling that the lower court acted correctly in its decision. |
| Summary |
In the case of First Appeal from Order No. 280 of 1999, the Lahore High Court addressed the objections raised by the Cooperative House Building Society Limited against the attachment of property in a suit for recovery of a loan. The court examined the validity of the objections and found substantial evidence indicating that the Cooperative Society was fraudulent. The Registrar of Cooperative Societies had classified the society as defunct, which the appellant failed to rebut. The court emphasized the need for proper notice as per the Civil Procedure Code, ultimately dismissing the appeal. This case highlights the importance of due process and the consequences of failing to provide adequate evidence in legal proceedings involving property disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
COOPERATIVE HOUSE BUILDING SOCIETY LIMITED,
TRUST LEASING CORPORATION LIMITED
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY,
MUHAMMAD ZAFAR YASIN
|
| Lawyers |
Kh. Mukhtar Ahmad Butt,
Fawad Jamil Qureshi,
Zahid Malik
|
| Petitioners |
Messrs COOPERATIVE HOUSE BUILDING SOCIETY LIMITED
|
| Respondents |
Messrs TRUST LEASING CORPORATION LIMITED
|
| Citations |
2000 SLD 2153,
2000 PLD 232
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
0.XXI,
Rr.57,
Rr.58,
Rr.62,
O.XLIII,
R.1,
R.3,
R.151
|