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MAZHAR HUSSAIN versus ZARAI TARIQATI BANK LIMITED (ADBP) THROUGH MANAGER


Sections 9, 14 and 19 were included in the Civil Procedure Code (v. 1908), OX XIV, R5 suit for recovery of debt, collateral, and mortgage by the mortgagee as a mortgage executor. O XXXIV R 5, the defendant's request for a decree under CPC was denied. The correct injunction revealed that it was for collection of money only, the court of execution for the defendants, no doubt, had the jurisdiction to examine all the documents in the record to obtain this record. Is. The correct import of the decree but they cannot travel beyond the judgment taken by the defendants (collateral and mortgage) regarding the bankruptcy court's interpretation of the document where the defendant never appeared or responded to the showcase notice and ordered The statement was finally approved that the defendants, at the appeal stage, asked that the matter be allowed to be raised before the High Court will re-hear the case which was not the case. The court, which is competent in executing and executing the injunction, could not sit on appeal against the attempt to enforce it before the ruling. O XXXIV R 5, Defendants' request under CPC, was rightly dismissed by an improper order.

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