Legal Case Summary

Case Details
Case ID 52aeab91-c8c6-4d50-ad93-eb5d207ce53c
Body View case body.
Case Number F.A.O. No. 113 of 2002
Decision Date Jul 01, 2003
Hearing Date
Decision The Lahore High Court found that the execution proceedings lacked essential details regarding the property being auctioned, such as its location and boundaries. The Court ruled that the absence of this information rendered the auction invalid. The Court emphasized that necessary inquiries must have been made to ascertain the exact property subject to the mortgage before proceeding with the auction. Consequently, the objection raised by the appellants was dismissed in an unwarranted summary manner. The Court set aside the impugned order and directed the executing Court to determine the factual controversy based on the evidence presented.
Summary In this case, the Lahore High Court addressed the execution of a decree involving the auction of mortgaged property. The auction lacked critical details regarding the property, leading to questions about its ownership and the validity of the sale. The Court highlighted the need for thorough inquiries to establish the exact property involved in the mortgage. The decision emphasized the importance of providing adequate property descriptions in auction proclamations to ensure fairness and legal compliance. The ruling reinforces the necessity for courts to conduct proper investigations in property disputes, particularly in cases of undivided properties. Keywords include 'mortgage property auction', 'execution of decree', 'property ownership disputes', 'Lahore High Court rulings', and 'legal compliance in auctions'.
Court Lahore High Court
Entities Involved MUSLIM COMMERCIAL BANK LIMITED
Judges MIAN SAQIB NISAR, JAWWAD S. KHAWAJA
Lawyers Khizar Abbas Khan, Mushtaq Ahmad Khan, Mukhtar Abbas
Petitioners another, Mian MUHAMMAD BAKHSH
Respondents 2 others, MUSLIM COMMERCIAL BANK LIMITED
Citations 2004 SLD 2114, 2004 CLD 982
Other Citations Not available
Laws Involved Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Civil Procedure Code (V of 1908)
Sections 7, 19(7), O.XXI, Rr.58, O.XXI, Rr.62