2007 PLP 193 (CLD)

MAULVI ANWARUL HAQ, J.

A suit filed by the respondent No.1 against the remaining respondents was decreed by learned Judge Banking Court-I, Faisalabad on 17-12-2004. In execution of the said decree the mortgaged property was ordered to be sold. The appellant filed objections to the said proposed sale which were dismissed by the learned Executing Court on 9-6-2005.

2. Learned counsel for the appellant contends that in view of the circumstances apparent on the face of the record supported by documents, the objection petition could not have been dismissed summarily.

3. We find that the respondent-Bank had been duly served and is represented. We also find that on 28-9-2006 and then again on 30-10-2006 learned counsel for the respondent-Bank was called upon to produce original documents relating to the mortgage of the suit property. However, needful was not done. Today no one has turned up for the respondent-Bank despite repeated calls which is accordingly proceed against ex parte.

4. We have gone through the available records with the assistance of the learned counsel for the appellant. The plea taken by the appellant is that she is bona fide purchaser and the property in question had been mortgaged with National Bank of Pakistan. After entering into a registered agreement of sale with Muhammad Ilyas, deceased she cleared the said loan which had been issued after provision of NOC by Faisalabad Development Authority (FDA). The Bank informed the FDA of the payment and as such the charge was lifted. Thereafter a private person obtained a stay order against the said sale which was ultimately vacated by the Court and the FDA effected mutation of the property in her favour in its record. It has further been pleaded that there is no valid memorandum of Deposit of title deed and further said Muhammad Ilyas resorted to fraud and forgery in the matter of said deposit. Learned counsel has filed several documents vide C.M. No.1945/C/06 in compliance with the said orders of this Court. We will not be making any comments vis-a-vis the failure of the respondent-Bank to produce the original documents of mortgage despite orders of this Court. The E.F.A. accordingly is allowed. The impugned order is set aside. The result would be that the objection petition filed by the appellant shall be deemed to be pending before the learned Judge Banking Court-I, Faisalabad who shall take reply from the decree-holder-Bank, frame appropriate issues and decide the matter after recording evidence of the parties within prescribed time. A copy of this order be immediately remitted to the learned Judge Banking Court-I, Faisalabad. Needless to state that sale proceedings shall remain stayed pending the said decision. H.B.T./N-113/L Appeal allowed.