TRUSTEES OF THE PORT KARACHI (KPT) versus MST. NAHEED
A. XXXIV, R1 Plaintiff set up a mortgage foreclosure / sale case under O XXXIV, R1, CPC and was simultaneously dismissed on the basis that under the terms of the mortgage work , The plaintiff / mortgagee has the right to sell it. Without the court's intervention, the plaintiff's argument was that the lower courts failed to establish that the case was based on mortgaged property and that the advance was submitted by mortgage and, therefore, Without recovery of the XXXXX, R1, CPC and the procedures contained in it, no recovery can be made by the claimant; in the present case, the AXXX, R1, CPC will come in handy and Loans or forecasts will be receivable under the provisions of O XXXIV, R 1, below which the CPC Courts did not recognize that the suit was run by OXXIX, R 1, CPC. And, therefore, the orders of the courts below were set aside, and after the trial, the appeal was allowed on remand.
Related judgments — Karachi High Court Sindh, 2013
