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ABDUL GHAFOOR versus MST. HASSAN BIBI

Article 39 Civil Code of Conduct (v. 1908), O XXI, Rr 58, 89 and O XXII, R 4 Constitution of Pakistan (1973), Article 185 suit bank for temporarily recovering debt amount of deceased defendant Legal heritage, but he only imposed his two sons and declared the suit a former part and the mortgaged property was auctioned after the trial of the trial court without a verdict after the ex-parte decree was discovered. Is. The auction of such petition was confirmed, but thereby the High Court was upheld, no appeal was made to keep the ex parte decree while 2% of the purchase amount was not deposited, the bank The defendant had failed to bring in the defendant's legal heritage. The record, which was an essential requirement of the law, has, therefore, precluded its legal heirs from properly defending the case. For her (the widow) it was a serious illegal act, which cannot be ignored. In such cases the sale cannot be confirmed O XXI, R 89, CPC provisions cannot be applied as such application was left unaddressed. The Supreme Court dismissed the appeal and application filed by the bank law firms from Bannu lawyer