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MST. SAEEDA BEGUM versus SMALL BUSINESS FINANCE CORPORATION, DERA GHAZI KHAN


Sections 14, 15 and 18 Civil Procedure Code (v. 1908), AXXI, RR 58, 62, 66, 99 and Section 151 Constitution of Pakistan (1973), Article 185 (3) on the order for recovery of loan amount As a result of the objection, the third person was offered a loan facility for the sale of the mortgaged property in the year 1988 and the debtor was required to file all the documents related to the change, the certificate of non-interference by the sub-registrar, the property. Provided an approved site plan and many documentation. During the mortgage of the property, the banking court pronounced the judgment of the financial corporation against the decision-maker, and the decree-holder was rescinded from the plea of execution and subsequently the decision-maker under OXXI, R 66. Notices were issued to, despite the CPC not appearing notice, the order was passed for auction of the property and the auction was fixed according to which the petitioner claimed that he had acquired the property. Purchased in 1989 and transferred to OXXI, R 99, the petitioner reading with the petition petition, 151 5, CPC. After being read and the auction stopped, the applicant submitted only photostat copies of his registered sales deeds whose original documents or his certified copies were not submitted to the Banking Court. In exercising its powers under O XXI, R 58, the CPC, after subjecting all the documents and petitions raised by the parties, dismissed the plea of the object, which was upheld by the High Court. had gone. Under O XXI, R 58, the CPC, as a Banking Judge, must complete all the records kept on record.

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