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SHAHNAWAZ versus ZARI TARAKIATI BANK OF PAKISTAN (ADBP) THROUGH MANAGER


Section 2 (2), 47, 0 1, R 10 and O XXI, R 11 decree, objection to the execution of the parties necessary, the real borrower's non-performance, the bank was sued for recovery of the bank's all legal Failure to Apply Inheritance to Banking Court Banking Court, in favor of an objection filed by the appellant, ordered the deceased Lonely Suit, although they were legal heirs, but did not act as a defendant. Went so the order could not be executed against them. Validation by the Banking Court The Banking Court failed to follow not only the law provided under the special law but also the Civil Procedure Code, 1908, making it mandatory to declare which parties were parties against whom a valid Orders may be approved. He also violated the principle of natural justice by passing a decree against persons who were not even parties to the case and such order was neither enforceable against them nor could the defect be removed in execution. Is. An order passed by the banking court was put aside during the proceedings, in which case an appeal was allowed.

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