2002 PLP 786 (CLD)
MUHAMMAD HANIF‑‑‑Petitioner Versus HABIB BANK LIMITED and another‑‑‑Respondents
| Citation | 2002 PLP 786 (CLD) |
| Forum / Court | Lahore |
| Bench Members | Karamat Nazir Bhandari, J |
| Parties | MUHAMMAD HANIF‑‑‑Petitioner Versus HABIB BANK LIMITED and another‑‑‑Respondents |
| Primary Law | Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 786 (CLD)?
This judgment primarily cites: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 786 (CLD)?
The case was heard and decided by the Lahore bench comprising: Karamat Nazir Bhandari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 786 (CLD) (MUHAMMAD HANIF‑‑‑Petitioner Versus HABIB BANK LIMITED and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Anwar Akhtar for Petitioner.
Headnotes / Summary
‑‑‑‑S.5(3)‑‑‑Civil Procedure Code (V of 1908), S.12(2) & O.IX, R.9‑‑ Consolidation of proceedings‑‑‑Application under S.12(2), CP.C. ‑& O.IX, R.9, C.P.C. was pending in one Court while execution proceedings regarding same decree were pending in another Court‑‑‑Effect‑‑‑High Court for the sake of convenience and in order to avoid conflicting orders, withdrew the execution proceedings and entrusted to the other Court for disposal‑‑ Application was allowed accordingly.
Judgment & Decree
Anwar Akhtar for Petitioner. The applicant seeks consolidation of the proceedings pending in two different Courts. Application under section 12(2), C.P.C./Order IX, Rule 9, C.P.C. for recall of the decree is pending in the Banking Court No.4, Lahore while execution petition of the same decree is pending in Banking Court No. 3 at Lahore. For sake of convenience and in order to avoid conflicting orders, it is desirable that the two applications/ two petitions be heard by one and the same Court.
2. This application is allowed.. The execution petition titled "Habib Bank Ltd. v. Riaz Ahmad" is withdrawn from the Banking Court No.3 and is entrusted for disposal to Banking Court No.4 alongwith the application entitled "Muhammad Hanif v. Habib Bank Ltd..
3. It may be noticed that in spite of service respondent No. 1 has not entered appearance while respondent No.2 has refused to accept notice. The application, therefore, is being decided in their absence. Disposed of. Q.M.H./M.A.K./M‑1057/L Application allowed.