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| Objection Petition format |
In the name of ALLAH, the most beneficent, the most
merciful
Format of Objection Petition in Banking Case
BEFORE THE HONOURABLE
In matter of:
_____
Versus
M/S ____________
SUIT FOR RECOVERY
EXECUTION PETITION
REPLY OF RECOVERY OF FINANCIAL
INSTITUTIONS APPLICATION MOVED U/O 21 RULE 64, 65 AND 66 R/W SECTION 19 OF 2001
OBJECTION
PETITION U/O 21 RULE 69 R/W 151
Respectfully Sheweth:
PRELIMINARY
OBJECTIONS:
1.
That the matter is pending
before this honorable court and next day of hearing is fixed for
2.
That the degree holder (HBL/ Plaintiff)
has filed an application U/O 21 Rule 64, 65 and 66 R/W Section 19 of recovery
of financial institutions 2001.
3.
That the decree holder has misguided
the honorable court and succeeded to get degree in his favour which is liable
to be set-aside and further proceedings are not proceedable according to section
12 (2) of C.P.C.
4.
That the present execution
proceedings are even not otherwise maintainable in the eye of law being hit by doctrine
of misjoinder and non-joinder according to provisions of C.P.C.
5.
That the instant proceedings
are void ab initio corum non judice as hit by provisions laid down under order
2 rule 2 of C.P.C.
6.
That the instant proceedings
are liable to be stayed and after framing issues upon the instant objection
petition without recording evidence to the extent of legal heirs who were not
properly being heard. The proceedings pending before this honorable court which are being proceeded according to
answering application moved by decree holder is liable to be stayed amongst below
mentioned inter alia.
GROUNDS
i.
That
the decree holder has no approached this honorable court with clean hands as day
first they have filed the instant suit for recovery and later on only two real sons
were impleaded as party to the suit and answering ibid three real daughters/ objector
were not impleaded as necessarily party to the suit.
ii.
That
the present proceeding are result of concealment of material facts from this
honorable court caused by decree holder hence liable to be stayed and needed further
consideration.
iii.
That
the legal heirs/ objectors when came into their knowledge regarding the pedency
of the suit, they have filed properly application to become necessarily parties
to the suit. (Application is annexed as annexure “A”).
iv.
That
in this regard the legal heirs/ objectors has filed a civil suit and a
declaratory decree was passed in their favour which was also produced before
this honorable court for the consideration. (Copy of judgment and decree sheet
of declaration is annexed as annexure “B”).
v.
That
the legal heirs/ objectors have also approached to the Honorable High Court,
vi.
That
the judgment debtors are if proceeding to their only extent, then it will be an
extreme unjust to the doctrine of equality before the eye of law as it is well
settled principal of law that all legal heirs are held liable to extent of
their due shares according to Muslim rights and determined shares as prevailing
law of country as well.
vii.
That
there is quit possibility that if case is further proceeded without hearing the
legal heirs/ objectors and at any stage judgment debtors / objectors entered
into compromise with decree holder and succeeded to get letter of clearance,
then the valuable rights of the legal heirs/ objectors will be suffered.
viii.
That
U/S 12 (2) C.P.C attracts where an order judgment or decree is obtained by fraud
and misrepresentation, any person aggrieved can invoke under the umbrella of ibid
section and other legal heirs / Objectors are also person agreed in the instant
suit.
ix.
That
it is necessary that mandatory requirement of order 21 Rule 66, 67 C.P.C should
be complied with the schedule of the sale of mortgage property should be published
in any newspaper as required under order 21 Rule 67 which has been violated in
the instant proceedings.
x.
That
moreover, violation of mandatory requirement of order 21 rule 68 C.P.C entail
sale liable to be declared void abinitio.
xi.
That
without taking into consideration the issue to the extent of “locus standi” of legal
heirs/ objectors further proceeding which are carried out in the execution
proceedings will obviously infringed the valuable rights of the legal heirs/
objectors which are vested in the ancestral property/ mortgaged property.
xii.
That
it is well settled principal of law that no one is better than the title which
he has same like in the instant proceedings it is going to be happened that
only two real sons are being heard and other legal heirs/ objectors are not
being properly heard.
xiii.
That
carrying on further proceedings rather than impleading and hearing the other
legal heirs/ objectors any order if passed by this honorable court, there will
be no doubt it will be a verse example of discrimination which will itself infringed
the Fundamental Constitutional Rights which are laid down under constitution of
Pakistan 1973 which condemns the act of depriving of a person to his right of
property.
PRAYER:
Under the all
circumstances mentioned above, it is most respectfully prayed that the instant objection
petition moved by Judgment debtors along with other legal heirs/ objectors may
kindly be accepted on following grounds
i.
To granting an opportunity to
legal heirs/ objectors to be properly being heard after impleading as necessarily
party U/O 1 Rule 10 of C.P.C.
ii.
To framing issues and recording
evidence on material facts to decide the fate of the suit.
iii.
To staying the instant
proceeding which are pending before this honorable court until unless the due
shares and due liability among judgment debtors and other legal heirs/
objectors is not settled first of all.
Judgment debtors/ Objectors
Legal Heirs / Objectors
Through
Advocate High Court
CERTIFICATE:
As per information’s
and instructions received by judgment debtors/ Objectors along with legal
heirs/ objectors this is first Objection Petition which is being filed before
this honorable court.
Counsel