MIAN SARERAZ AHMED ANJUM versus BANKING COURT NO.IV THROUGH PRESIDING OFFICER
Sections 9, 19 and 22 Civil Procedure Code (v. 1908), OXXI, Rr 89 and 90 Failure to properly recover the due process for recovery of suit loan, filed by the bank against the defendant borrower. The suit, the banking court ruled, and the sale of the mortgage was ordered properly while the mortgaged property was in the process of being executed, the plaintiff's bank offering the defendant properly redeemed. , But the defendant failed to do so, the sale of the mortgage was confirmed in favor of the highest bidder. Defendant, upset with the order, had filed an appeal, claiming that he was ready and willing to pay to the plaintiff's bank, appropriate to the court. Should not have been sold that way. Corrections were made, even after the bids were sought, the defendant was given ample opportunity to be sent to residential mortgaged property, but the other course, which failed to pay the defendant, was left to court. , But to confirm the highest bidder's bid. It was then too late for the defendant to seek a second chance of sale by putting aside the sale when the sale of the court should be made only if in favor of the person to sell it properly. There should be an equal basis for any interest or interest in it. Equitable grounds were provided by law under the provisions of OXRI 89 and 90, CPC defendants failed to pay even though
Related judgments — Karachi High Court Sindh, 2009