IFTIKHAR AHMED versus MY BANK LTD. THROUGH PRESIDENT
Section 15 Special Relief Act (I of 1877), Section 42 Civil Procedure Code (v. 1908), AXXIX, Rr 1 & 2 Merger, Scope of Mortgage Property Sales Claimant Claimant Suit from Owner by Registered Sale Deed Claimant Was the buyer of the property. The bank was upset over the notice issued by the bank regarding the sale of the suit properties because the claimant claimed that the mortgage was kept near the bank that the suit property was never mortgaged with the bank. And the bank's documents were forged when the bank issued notices as required under section 15. (2) of the Financial Institutions (Recovery of Finance) Ordinance 2001, on the addresses of the suit properties which were sealed by the court because the plaintiff did not reside on these addresses, thus there was no reasonable service in the law and the bank In fact it didn't. Enter the appropriate account under section 15 (10) of the Financial Institutions (Recovery of Finance) Ordinance 2001, therefore, the bank had violated the law for its benefit and the provisions of section 15 (12) of the Act. The Seal Institutions (Financing Recovery) Ordinance, 2001, did not attract that the plaintiff successfully submitted a first litigation case in its favor and the balance of convenience was also in its favor because the title documents were still Were also in his name and all facts and legal disputes could arise. After the recording of the evidence, they should be pushed during the trial and if the order is not upheld, then the High Court allowed the bank to apply in this case till the interest of a third party is prevented from creating interest in the suit property.
Related judgments — Karachi High Court Sindh, 2009