3/2023 I. A Late Ghulam Muhammad & Others (Appellant) V/S Zarai Taraqiati Bank Limited & Others (Respondent)

Sindh High CourtBanking & Corporate2024

Bench: Hon'ble Mr. Justice Muhammad Saleem Jessar, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)

3/2023 I. A Late Ghulam Muhammad & Others (Appellant) V/S Zarai Taraqiati Bank Limited & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Saleem Jessar, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 29-FEB-24

The Bank did not implead all the legal heirs in the banking suit. Only those legal heirs of the deceased Customer known to the bank were impleaded. The suit was decreed against the Bank. It was held that the decree is enforceable against the mortgaged property of the deceased Customer. The Bank has priority over the legal heirs shares in the said mortgaged property. The fact that the Bank discovered in appellate proceedings that it had not impleaded all the legal heirs is of no consequence. The Judgment-Debtors/Legal Heirs of the deceased customer's challenge to the Banking Court???s decree was dismissed.

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3/2023 I. A Late Ghulam Muhammad & Others (Appellant) V/S Zarai Taraqiati Bank Limited & Others (Respondent)

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