2007 PLP 173 (SCMR)
KHURRAM NAEEM and 3 others — Petitioners Versus NATIONAL BANK OF PAKISTAN and others — Respondents
| Citation | 2007 PLP 173 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry and Mian Muhammad Ajmal, JJ |
| Parties | KHURRAM NAEEM and 3 others — Petitioners Versus NATIONAL BANK OF PAKISTAN and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2007 PLP 173 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 173 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry and Mian Muhammad Ajmal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 173 (SCMR) (KHURRAM NAEEM and 3 others — Petitioners Versus NATIONAL BANK OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ---S. 115 & O.XXI, R. 82---Constitution of Pakistan (1973), Art.185(3)---Execution of decree---Putting property to auction---Respondent decree-holder put to auction the property owned by petitioners which they had purchased from another respondent who was guarantor on behalf of the Respondent---Counsel for petitioners had contended that said respondent (seller) had deceived petitioners because he did not inform them that property which he was selling to them had already been mortgaged---Validity---Supreme Court declined to pass any order and observed that order could be passed in that behalf, except if petitioners had any grievance, they could initiate proceedings against seller before the forums/Courts having jurisdiction in the matter; and if such action was initiated, the Authorities seized of the matter, would dispose of same expeditiously in accordance with law.
- Raja M. Ibrahim Satti, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioners.
- Rai Muhammad Nawaz Kharral, Advocate Supreme Court and Abdur Rauf Rohila, Advocate Supreme Court for Respondents.
- IFTIKHAR MUHAMMAD CHAUDHRY, J.---We have heard the learned counsel for the parties. In the instant case principal question involved for consideration is as to whether the decree-holder i.e. respondent No.1 can put to auction the property owned by the petitioners which they have purchased from respondent No.7 who was guarantor on behalf of respondent No.2 Company. Learned counsel for petitioners stated that respondent No.7 did not disclose to them that the property being sold by him situated in Jheeka Gali was not free from all encumbrances because he had mortgaged the same as guarantor on behalf of the Directors of respondent No.2 but subsequently when respondent No.1 initiated execution proceedings instead of satisfying the decree against the property owned by the Company as well as its Directors situated at Lahore took steps for the disposal of the property of petitioners then for the first time this fact came to their notice that the properties the subject of mortgage deed. On our query learned counsel for petitioners as well as decree-holder pointed out that besides the property owned by the petitioners there are other mortgaged properties situated at Lahore owned by the Company i.e. respondent No.1. itself as well as its Directors i.e. respondent Nos. 3 to 6 who have also furnished guarantees to the bank on behalf of the Company. Therefore, in such view of the matter we are of the opinion on the analogy of principle laid down by this Court in the case of Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer N.A. 158, Naushero Feroze and others 1994 SCMR 1299 that let first of all the decree be satisfied after selling/disposing of/auctioning the properties of the Directors situated at Lahore which they have mortgaged for satisfying the decree and if thereafter the decree is not satisfied and liability is still outstanding against the company and its Directors i.e. respondents Nos.3 to 6 then the property owned by the petitioners will be auctioned save in accordance with law.
Headnotes / Summary
(On appeal from the judgment, dated 18-9-2000 passed by Lahore High Court, Lahore in E.F.A. No. 287 of 2000). Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer N.A. 158, Naushero Feroze and others 1994 SCMR 1299 ref.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, J.
We have heard the learned counsel for the parties. In the instant case principal question involved for consideration is as to whether the decree-holder i.e. respondent No.1 can put to auction the property owned by the petitioners which they have purchased from respondent No.7 who was guarantor on behalf of respondent No.2 Company. Learned counsel for petitioners stated that respondent No.7 did not disclose to them that the property being sold by him situated in Jheeka Gali was not free from all encumbrances because he had mortgaged the same as guarantor on behalf of the Directors of respondent No.2 but subsequently when respondent No.1 initiated execution proceedings instead of satisfying the decree against the property owned by the Company as well as its Directors situated at Lahore took steps for the disposal of the property of petitioners then for the first time this fact came to their notice that the properties the subject of mortgage deed. On our query learned counsel for petitioners as well as decree-holder pointed out that besides the property owned by the petitioners there are other mortgaged properties situated at Lahore owned by the Company i.e. respondent No.1. itself as well as its Directors i.e. respondent Nos. 3 to 6 who have also furnished guarantees to the bank on behalf of the Company. Therefore, in such view of the matter we are of the opinion on the analogy of principle laid down by this Court in the case of Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer N.A. 158, Naushero Feroze and others 1994 SCMR 1299 that let first of all the decree be satisfied after selling/disposing of/auctioning the properties of the Directors situated at Lahore which they have mortgaged for satisfying the decree and if thereafter the decree is not satisfied and liability is still outstanding against the company and its Directors i.e. respondents Nos.3 to 6 then the property owned by the petitioners will be auctioned save in accordance with law.
2. Learned counsel contended that respondent No.7 had devised the petitioners because he did not inform them that the property, which he is selling to them, had already been mortgaged at Lahore. But as far as this respect of the case is concerned no order can be passed in this behalf except making observations that if the petitioner have any grievance they can initiate proceedings against him before the forums/Courts having jurisdiction in the matter and if such action is initiated the authorities seized with the matter shall dispose of the same expeditiously in accordance with law.
3. With above observations the petition is disposed of. H.B.T./K-15/SC Order accordingly.