| Case ID |
2ffe4946-84a5-42e6-89fd-9139a62e4152 |
| Body |
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| Case Number |
Civil Petition No. 738-L of 2002 |
| Decision Date |
May 20, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, determining that the petitioner, who claimed an agreement to sell the suit property, could not acquire a better title than the judgment-debtor. The court emphasized that the provisions of the Banking Companies (Recovery of Loans) Ordinance were designed to prevent separate civil suits that would undermine the execution of decrees passed by the Special Court. The petitioner had previously filed an objection petition which was withdrawn, and thus, the judicial sale of the property was confirmed in favor of the auction purchaser. The court concluded that the petitioner was not entitled to a separate civil suit as the objections could have been addressed by the Special Court. |
| Summary |
In the case of Civil Petition No. 738-L of 2002 before the Supreme Court of Pakistan, the primary issue revolved around the execution of a decree for the recovery of loans under the Banking Companies (Recovery of Loans) Ordinance. The petitioner, Ch. Abdul Majid, sought to challenge the auction sale of a property that was subject to a loan recovery decree. The court examined the applicability of Section 53-A of the Transfer of Property Act and the jurisdiction of the Special Court under the Ordinance. It was concluded that the petitioner could not pursue a separate civil suit as his rights were adequately addressed by the Special Court's proceedings. The ruling reinforced the exclusive jurisdiction of the Special Court in matters related to the execution of loan recovery decrees, thereby streamlining the legal process and preventing multiplicity of litigation. This case highlights the importance of adhering to specialized legal frameworks established for banking disputes and the limitations placed on third-party claims against auction sales conducted under such frameworks. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN MUHAMMAD AJMAL,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Mian Fazal-e-Mehmood,
Ch. Akhter Ali
|
| Petitioners |
CH. ABDUL MAJID
|
| Respondents |
OTHERS,
SADAQAT SAEED MALIK
|
| Citations |
2004 SLD 642,
2004 CLD 1136
|
| Other Citations |
S.N. Banerji and another AIR 1941 PC 128,
P&T Cooperative Housing Society Ltd., Karachi v. Ch. Manzoor Ahmed Sahi PLD 1961 Kar. 53,
Yeditha Satyanarayanamurty and others v. Tadi Subrahmanyam and others AIR 1959 Andh. Pra. 534,
Stuart & Co. v. C. Mackertich AIR 1963 Cal. 198,
Shamim Akhter v. Muhammad Rasheed PLD 1989 SC 575
|
| Laws Involved |
Banking Companies (Recovery of Loans), Ordinance (XIX of 1979),
Transfer of Property Act (IV of 1882),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
2,
3,
6(1)(a),
8(3),
53 A,
O.XXI, Rr. 97, 100, 103,
O.XLIII, R.1(ii),
Art.185(3)
|