Legal Question in Banking Law in Pakistan

*** A person deposited title documents of a property in the bank and mortgaged it in bank's favour for availing some Finance / Loan. Later on he defaulted in payment and bank had filed Recovery Suit. While the case was under litigation, an outside court settlement reached between borrower/defaulter of loan and bank by way of which bank recovered its funds and returned property documents to the borrower. After some days brothers & sisters of the borrower filed a Suit in Civil Court against him and also made bank party stating that said property was got registered by the borrower/their brother in his name from their mother through fake GIFT DEED by force and adopting other illegal means depriving them from their due share in the property as inheritance. Since Bank had already recovered the advanced fund from borrower and returned back to him property documents therefore, the Court has acquitted the bank from this case. But after court decision of the case both the parties filed suits against each other and also made bank party. Again bank was issued court notice for appearance and once again in the decision there was nothing against the bank. Now this is the third time that one party again filed appeal against the appeal decision filed in the Civil Court in the honorable High Court where bank has been made party third time. The question is that when bank has settled its loan through out side court settlement and returned original property documents to the borrower/property owner whereas two times bank had been acquitted from litigation then as to how bank can restrict the petitioner not to made bank as party. Further what about the expenses bank had already incurred in defending its case through Lawyers and precious time wasted just for nothing.


Asked on 6/10/13, 7:09 pm

2 Answers from Attorneys

Salman Khan International Lawyer

At every appellate forum the same parties are made parties and they have to defend the case till there is no case or forum left... For more do consult at [email protected]

Regards,

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Answered on 6/11/13, 11:46 am

what is understand, that trial court deleted you name form the era of defendants... if it is

then at appellate stage or in future they make you party in respect of suit property u must claim heavy cost that would court grant

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Answered on 7/06/13, 9:32 am


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