| Case ID |
2e0d8922-6924-4cba-887f-7a31fe3969fc |
| Body |
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| Case Number |
Civil Petition No. 1168 of 1997 |
| Decision Date |
Oct 20, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by the petitioners, affirming the decision of the High Court which upheld the Banking Tribunal's decree for recovery of a bank loan. The court found that the petitioners had been properly served and that the suit against a deceased individual was invalid, but the proceedings against the heirs could continue. The court emphasized that the institution of legal proceedings against a deceased person is a nullity, but the validity of the decree against the heirs depended on their obligations. The case was remanded to the Banking Tribunal to modify the judgment accordingly. |
| Summary |
This case revolves around the recovery of a bank loan by the Pakistan Industrial Credit and Investment Corporation Ltd. (PICIC) from Hafiz Brothers (PVT.) LTD. The initial decree was passed by the Banking Tribunal against the petitioners due to their failure to appear in court, despite being served appropriately. The petitioners contested the validity of the proceedings, particularly due to the involvement of a deceased party, Mst. Inayat Begum. The Supreme Court ultimately upheld the High Court's decision, stating that while the suit against the deceased was invalid, it did not preclude the Tribunal from determining the liability of the heirs. This case highlights critical aspects of banking law, procedural validity, and the ramifications of legal actions against deceased individuals, making it significant within the context of banking and civil procedure in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
PAKISTAN INDUSTRIAL CREDIT AND INVESTMENT CORPORATION LTD.,
HAFIZ BROTHERS (PVT.) LTD.
|
| Judges |
ABDUR REHMAN KHAN,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Ch. Muhammad Ashraf, Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate-on-Record for Petitioners,
Syed Hamid Ali Shah, Advocate Supreme Court,
Ejaz Ahmed Khan, Advocate-on-Record for Respondent
|
| Petitioners |
HAFIZ BROTHERS (PVT.) LTD.
|
| Respondents |
Messrs PAKISTAN INDUSTRIAL CREDIT AND INVESTMENT CORPORATION LTD.
|
| Citations |
2001 SLD 707,
2001 SCMR 1
|
| Other Citations |
PLD 1990 SC 497
|
| Laws Involved |
Banking Tribunals Ordinance (LVIII of 1984),
Civil Procedure Code (V of 1908),
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
9,
O.XXII,
7,
185(3)
|