MUHAMMAD BAKHSH KHAN ALIAS MUHAMMAD KHAN versus AKHTAR HUSSAIN
Section 15 Civil Procedure Code (v. 1908), A XXI, R 89 Auction sale, separation of property in question was owned by different persons and after giving notice to the borrower, direct property auctioned to financial institutions. (Recovery of Taxes) In question under section 15 of the Ordinance 2001, earlier, the co-owners had filed an objection against the property auction, which the Banking Court had rejected, and it had obtained final status, The defendant then filed an objection under O XXI, R 89. The CPC, being one of the participating companies, allowed the banking court to file an objection and set aside the auction of the entire property, which was auctioned by the bank, in favor of the appellant. Mortgages by co-owners, including co-owners against the proceedings, were previously challenged by the co-owners and the same was dismissed by the banking court and the appeal was withdrawn; Had reached the final point, the banking court did not take into account such aspect of the matter while the defendants in relation to the entire property. The auction proceedings were set aside, the banking court was only bound to decide the fate of the auction proceedings. The petitioner's High Court set aside the order issued by the banking court and remanded the case to the Banking Court.
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