62/2015 J.M M/s. Shahtaj Textile Lmited. (Applicant) V/S Standard Chartered Bank (Pakistan) Ltd., & Others. (Respondent)
Sindh High CourtCivil Law2015
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
62/2015 J.M M/s. Shahtaj Textile Lmited. (Applicant) V/S Standard Chartered Bank (Pakistan) Ltd., & Others. (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam Order Date: 07-DEC-15
If triable issues are not involved, which required leading and recording of evidence, then it is not mandatory to frame issues and an application under Section 12(2) of C.P.C. can be decided on the basis of available case record and undisputed facts. Ratable distribution under Section 73 read with Order XXXIV Rule 13 of Civil procedure Code; Bank having a mortgage decree in its favour has a preferential status over a money decree, which is in favour of Plaintiff.
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