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HABIB BANK LTD. THROUGH CORPORATE CENTRE BRANCH versus GALADARI CEMENT (GULF) LTD.


Defendant's claim in section 9 and 14 Civil Procedure Code (v. 1908), Section 73 and O XXXIV suits, sued interlocutor for claiming bankruptcy by bank interceptor (Second Bank). That the claimant (was the borrower) received financial benefits from him and, despite his payment of dues, he committed the default. That the defendant had executed a letter of continuity in connection with his immovable property mortgage, under which the mortgagee already constituted security in favor of the interlocutor was recognized as security and the defendant In order to gain an interest it had to be a party to justify the action to protect its interest. The High Court observation that joining the party as a party in this proceeding will not be of any purpose in hearing the dispute in detail, so the application is granted \ r \ n

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