BERGER PAINTS PAKISTAN LTD. versus UNITED BANK LTD.
Section 19 Civil Procedure Code (v. 1908), Sections 63, 73, AXI, R90, 92 and OXI IX, R13, proceedings of two decrees pending before the civil court and the Banking Court Mortgage The order of the civil court in the case was earlier the application of the banking court to the mortgaged property by the civil authorities under section 63, 151 and AXXI, R 90, CPC, following the order of the banking court to attach the mortgaged property attached by the civil court. Was auctioned to allow a fair share of the proceeds from the sale of the mortgaged property. Through a banking court in favor of the auction buyer, a valid incubator can apply for lien protection and join the proceedings and claim their claim and priority, if none of the claimants took action. Or the claimant is involved in the sale process. Claims to receive a complimentary money can be made either on a jaw or contract basis by the Banking Court, while passing an unlawful order violates the provision of section 73, CPC and mandatory PP. Before recording the satisfaction of the banking court's order of O XXI, R 92, the decision of the applicant should have been decided on the disposable distribution of the assets of the decedent, the High Court set aside the immovable order and the amount of the sale. Receives remand to banking court for distribution of Between the applicant and the bank on a protra basis
Related judgments — Karachi High Court Sindh, 2009