Chowdhry MUHAMMAD DIN vs The NATIONAL COMMERCIAL BANK LTD., — 1972 PLD 287

Citation: 1972 PLD 287

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: Chowdhry MUHAMMAD DIN vs The NATIONAL COMMERCIAL BANK LTD., JUDGMENT

Headnotes

Case cited as PLD 1972 Karachi 287

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title:Chowdhry MUHAMMAD DIN vs The NATIONAL COMMERCIAL BANK LTD., JUDGMENT Reported As: PLD 1972 Karachi 287 Result: B. Judgment JUDGMENT These are two execution applications for the execution of the decrees passed in two separate suits. Two suits for the recovery of the amount of Rs. 25,1)00 and 20,000 respectively were filed on 24th August 1968, against the National Commercial Bank Ltd. In the Court of 7th Civil Judge Ist Class, Karachi. Subsequently an objection was taken that the bank had been ordered to be liquidated. Consequentry the suits were withdrawn under Order VII, rule 10 and, therefore, the plaints were returned and subsequently presented in the High Court. Ex parte decrees were passed in both the suits. So the present execution applications had been filed. These execution applications have been resisted on the ground that in view of the liquidation proceedings neither decree Iii those suits could be passed nor the present execution applications are maintainable. Before proceeding to consider the merits of controversy it is necessary to point out certain facts. The .National Commercial Bank was ordered by the High Court on 30th May 1968, to wind up In J.M.35/68 on the application of the State Bank under section 49 of the Banking Companies Ordinance, 1962. An official liquidator was appointed. The suits in the Court of the Civil Judge, Karachi filed from 31st July 1968, buut on the objection having…

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