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MUHAMMAD KHALID versus K.A.S.B. BANK LTD. THROUGH MANAGING DIRECTOR

Section 9 and 15 Civil Procedure Code (v. 1908), O. XXXIX, RR1 and 2, Sections 151 and 10 of the Arbitration Act (X of 1940), Section 34 Declaration against the Suit Bank and Application for Dismissal Section of Financial Institutions 15 (Recovery of Taxes) Prior to the decision to grant leave to defend the scope of notice service under the Ordinance 2001, the decision of the interstate petition filed by the defendant, the plaintiff asserted that section 15 (2). Under the Ordinance 2001 of the Financial Institutions (Recovery of Finance) issued by the plaintiff bank under, the property held in their mortgage was illegal, void and no It did not have legal effect, the plaintiff also filed an application under AXXXXXXX, read with RR 1 and 2 section 151, CPC to prevent the defendant (the bank) from selling the mortgaged property with the defendants. Claims that the first tea to be decided before the court for deciding the plea before any decision filed by them is not a holiday to defend the case which the defendants have agreed to by the parties. Received higher than ratio. The defendant's bank was fully secured and without notice of the legal authority was issued without notice and the defendant was not entertained without a prior legal decision that the defendant was entitled to leave Or not, but if the plaintiff had filed, the delay in the application and decision of the plaintiff could have caused prejudice to the defendant while hearing such petition on his merits, the claim of the defendant in Section 10, CPC Application should also be considered under section 34 of the Arbitration Act 1940 and property advocate from Tall lawyer