| Case ID |
172158ea-3ce8-44b4-9bb1-154b4ad61c97 |
| Body |
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| Case Number |
E.F.A. No. 66967 of 2021 |
| Decision Date |
Nov 22, 2022 |
| Hearing Date |
Nov 22, 2022 |
| Decision |
The Lahore High Court dismissed the appeal regarding the execution of a decree for the recovery of a bank loan. The appellants, being legal representatives of a deceased debtor, argued that the sale confirmation should have involved notice to the legal heirs. However, the court found that the deceased debtor had failed to exercise their rights under the Civil Procedure Code within the permissible time frame. The court declined to interfere with the Banking Court's order, resulting in the dismissal of the appeal. This case highlights the importance of timely action in legal proceedings and the rights of legal heirs in the context of financial recovery. |
| Summary |
This case revolves around the execution of a decree for bank loan recovery under the Financial Institutions (Recovery of Finances) Ordinance, 2001. The appellants, who were the legal heirs of a deceased debtor, contested the confirmation of a sale without notification to them. The Lahore High Court examined the procedural aspects and emphasized that the deceased debtor's failure to act within the stipulated time barred any claims by the legal representatives. The court referenced previous cases to underscore the legal principles governing such situations. This ruling serves as a critical reminder for parties involved in financial disputes to be vigilant about procedural deadlines to safeguard their rights. The decision also illustrates the intersection of banking law and civil procedure, shedding light on the complexities faced by legal heirs in financial recovery cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABID AZIZ SHEIKH,
SULTAN TANVIR AHMAD
|
| Lawyers |
Not available
|
| Petitioners |
3 others,
AKMAL AZIZ
|
| Respondents |
another,
HABIB BANK LIMITED
|
| Citations |
2023 SLD 546,
2023 CLD 345
|
| Other Citations |
Muhammad Khalil v. Messrs Faisal M.B. Corporation and others 2019 SCMR 321,
Minor Smt. Shanti Devi v. Khandubala Dasi and others AIR 1961 Cal 336,
Zakaria Ghani and 4 others v. Muhammad Ikhlaq Memon and 8 others 2016 CLD 480,
Mir Wali Khan and another v. Manager, Agricultural Development Bank of Pakistan, Muzaffargarh and another PLD 2003 SC 500,
Muhammad Hussain v. Industrial Development Bank of Pakistan, Hyderabad and another 2014 MLD 192,
Janak Raj v. Gurdial Singh and another AIR 1967 (SC) 608,
R. Rajamma v. Avula Saraswathamma and others AIR 1973 (A.P.) 132
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Civil Procedure Code (V of 1908)
|
| Sections |
22,
89,
90,
92
|