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MESSRS IRISMA INTERNATIONAL, KARACHI AND 3 OTHERS versus UNITED BANK LIMITED, KARACHI

Section 18 Civil Procedure Code (v. 1908), A XXI, R 65 Constitution of Pakistan (1973), Article 185 (3) Order After the auction of property lenders for the sale of property executed judgment, the banking court Banking court affirmed the sale in favor of the auction buyer, with the third party offering a price higher than the bidder's, rather than the borrower's decision instead of the three given judgment. The right was a violation of O XXI, R 65, CPC accuracy procedures provided under O XXI, R 65, the procedure provided under CPC In connection with the implementation of the decree approved by the Banking Court can not be applied strictly prioritized. Section 18 of the Banking Companies (Debt, Progress, Credit and Finance) Act 1997, which provided for a special law of section 18 of the Banking Companies (Loans, Progress, Credit Recovery) ts and Financial Affairs Act, 1997 After much effect, the banking court must comply with the purpose of the order being executed, except in the case where the bid presented by a third person is not legalized. Will be. In effect, because it had no locus standi to participate in the matching bid, the judge's lenders could not claim their first right of purchase, based on the matching bid presented by the alien. Appeal was allowed to be maintained before the High Court or the Supreme Court. Refused best advocate from Mirpur (AJK) lawyer