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MIAN HABIB ULLAH versus BANK OF KHYBER


Section 19 Civil Procedure Code (v. 1908), A XXI, R 58 The application for an objection to the execution of the property was kept in mortgage with the other bank and the other bank through an arrangement between another person and the appellant. He was redeemed after payment of arrears. During the execution proceedings, the court failed to auction the mortgaged property with the auctioning order bank and a banking court's appellate order filed an objection regarding the status of the property, but the banking court summarized The verification of his dismissal request was related to all transactions between the appellant under question and the other bank before the required attachment of the disputed property by the banking court. In order to sell the contract, which was one of the disputes of the nature which required a proper inquiry because the claim of the appellant and the determination of the property could be made only by determining the proper matters, the parties concerned would have their respective Not being able to present evidence in support of the stand, especially the summary facts and circumstances of the objection petition, did not confirm that such dismissal of the objection petition was improper in law and approved by the Banking Court. The order was nominated. After the recording of the evidence, the banking court was remanded to decide the request for the objection, accordingly the appeal was allowed.

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