| Case ID |
ebdc6a00-5174-4b58-b301-4bacac34922b |
| Body |
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| Case Number |
E.F.A. No. 9 of 2019 |
| Decision Date |
Nov 20, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal filed by the appellant, MST. NASRIN, against the order of the Banking Court which had denied her objection petition regarding the execution of a decree for recovery of finances. The court found that the appellant's claims regarding the property, which she inherited from her husband, lacked legal basis and merit. The court emphasized that any interference in the execution proceedings would frustrate the implementation of a decree that had already attained finality. The judges concluded that the appellant could not assert better title or rights than her husband, reinforcing the principle that inherited rights do not generate new causes of action in property disputes. The appeal was thus dismissed, affirming the lower court's decision. |
| Summary |
The case revolves around the execution of a decree under the Financial Institutions (Recovery of Finances) Ordinance, where the appellant, MST. NASRIN, contested the execution against property inherited from her husband. The Lahore High Court ruled that the appellant's claims lacked merit as she could not assert rights superior to her husband's. The decision underscored the importance of finality in decrees and the legal principle that inherited rights do not create fresh claims. The court dismissed the appeal, emphasizing the need for adherence to judicial decisions and the integrity of the execution process. This case highlights the complexities of financial recovery in the context of inherited property, the legal standing of judgment debtors, and the role of the courts in upholding lawful decrees. Key terms include 'financial recovery', 'execution of decree', and 'property rights'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABID AZIZ SHEIKH,
JUSTICE MAZAMIL AKHTAR SHABIR
|
| Lawyers |
Rana Zia ur Rehman Arif,
Sardar Riaz Karim
|
| Petitioners |
MST. NASRIN
|
| Respondents |
MUSLIM COMMERCIAL BANK LIMITED THROUGH SAM HEAD MULTAN AND 5 OTHERS
|
| Citations |
2020 SLD 1985,
2020 CLD 992
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Civil Procedure Code (V of 1908)
|
| Sections |
9,
22,
O.XXI,R.54
|