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SHAHZADA AKHTAR versus BANK ALFLAH LTD.


Section 2 (c), 9, 7 and 22 Civil Procedure Code (v. 1908), Section 12 (2) Mortgage / property mortgage in the application for dismissal of order on the basis of fraud and misrepresentation. The effect of the owner's negligence was ordered to prosecute the defendants after which, during the execution proceedings, the applicant / appellant (who was not a party to the case) filed Section 12 (2), c. A petition was filed under the PC to issue an order declaring that it is owned by him. The mortgaged property was not enforced in favor of the resident bank that the applicant / appellant was the wife of the claimant who had mortgaged the property in his favor and the applicant / appellant is the plaintiff's wife. Legal information was claimed in court proceedings as well as information about the financing, at the time of filing the case, fully aware of the fact that the appellant / applicant was lawful in favor of the plaintiff bank. The alleged property and mortgage lawsuit was brought in by her alleged lawyer, who was her husband appellant / applicant, and financially appreciated the client in accordance with the terms of section 2 (c). went. The Organization (Recovery of Finance) Ordinance, 2001 and the Appellant was a necessary party for non-implementation as the effect of its Applicant's non-implementation by the party Plaintiff Bank was a grave mistake that there was no order ? Neither he nor his personal property can be sold in the execution of a decree under which he was not a party; the mortgage in favor of the plaintiff bank shall be executed by a general power of attorney.

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