MUSLIM COMMERCIAL BANK LTD., KARACHI vs JAM SADIK ALI AND ANOTHER — 1956 PLD 211

Citation: 1956 PLD 211

Court: Sindh High Court

Year: 1970

Decision Date: 1970-04-01

Parties: MUSLIM COMMERCIAL BANK LTD., KARACHI vs JAM SADIK ALI AND ANOTHER

Headnotes

Case cited as PLD 1956 Lah. 211

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title: MUSLIM COMMERCIAL BANK LTD., KARACHI vs JAM SADIK ALI AND ANOTHER Case No.: Suit No, 169 of 1963/Execution Application No, 55 of 1965 Date of Judgment:1970-04-01 Reported As: PLD 1971 Karachi 288 Result: Application dismissed JUDGMENT JUDGMENT The plaintiff-decree-holder is a bank, and the judgment-debtors are brothers. In the events that happened, the plaintiff had filed a suit under Order XXXVII, C. P. C. against the judgment-debtors for the recovery from them of a sum of Rs, 53,453 with costs and interest. This suit was decreed on 13th December 1963, and in April 1964 the judgment-debtors had paid Rs, 20,030 to the decree-holder. As no further payment was made, on 13th May 1965, the decree-holder filed an execution application and eventually obtained an order for the sale by public auction of a bungalow owned by the second judgment-debtor in Karachi. Thereupon the judgment-debtors filed an application under Order XX, rule 11, C. P. C. on 12-5-1969 for staying the auction proceedings for the sale of the said bungalow and/or for payment for the decretal amount in easy instalments on the ground that they were agriculturists within the meaning of the Dekkhan Agriculturists Relief Act and the West Pakistan Relief of Indebtedness Ordinance being Ordinance No, XV of 1960, and this application has now come up for hearing before me. 2. At the outset I have to observe, that, after evidence was closed on 15th December 1959,…

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