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SHAUKAT ALI versus BANKING TRIBUNAL-11 FOR KARACHI AND SUKKUR


Banking Companies (Recovery of Debt, Progress, Credit and Financial Issues) Ordinance 1997 Sections 9 and 18 Civil Procedure Code (v. 1908), OXI, R58 Constitution of Pakistan (1973), Article 199 Constitutional Petition for Recovery of Money The auction was ordered for the auction of the attached property suit and the property which was held in mortgage by the judgment debtor in favor of the bank / executor and ordered to be sold through auction. Who allegedly made a claim regarding the said property on the basis of the allegedly executed sale property. The petition filed before the banking tribunal under OXXI, R58, in favor of the judgment, was dismissed by the CPC Presiding Officer without investigating the claim in which the applicant / claimant. Was confirmed, it was necessary and necessary. Part of the Banking Tribunal deals with the applicants' claims inquiry in relation to the title of property offered by them in their power. Do not reject valuable documents and the like because it was against the mandatory provisions of OXI, R 58, CPC, especially when the applicants claimed without delay that the banking tribunal inherited defects and weaknesses. The victim could not order. The order upheld by the law was approved without any legal authority and it was called back in the direction that the claim regarding the applicant's property in the application should be strictly investigated in accordance with the law.

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