Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.IX, R.13, O. XXI, R. 26, O. XXXVII, R.2 & O.XLI, R.5---Application for setting aside of ex parte decree passed in suit for recovery of money under O.XXXVII, C.P.C.---Order of Trial Court dismissing such application upheld by High Court, but was challenged before Supreme Court, which granted leave to appeal to defendant---Application by defendant under O.XXI, R.26 read with O. XLI, R.5, C.P.C. for staying execution proceedings---Dismissal of stay application by Executing Court---Validity---Executing Court was supposed to proceed with execution proceeding in accordance with law, when Supreme Court had declined to grant ad interim injunction to defendant---Order of Trial Court dismissing defendant's application for setting aside ex parte decree upheld by High Court was still holding field---Suit challenging genuineness of signatures on cheque filed by defendant would not be a ground to stay execution proceedings---High Court dismissed revision petition in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O.XXI, Rr.66 & 90---Application for stay of execution proceedings---Applicant's plea was that reserve price of his property to be auctioned shown in proclamation was very low---Validity---Reserve price was estimated price---Executing Court in case of commission of any irregularity or fraud, if established, could set aside auction under O.XXI, R.90, C.P.C.---Execution proceedings could not be stayed on such ground---Defendant's such plea was repelled in circumstances. THIS ORDER PASSED BY: RAUF AHMED SHEIKH, JUSTICE:---.--- The petitioner has assailed the vires of order dated 27-4-2013 passed by the learned Additional District Judge, Gujranwala, whereby his petition to stay the execution proceedings was disallowed and has prayed that the execution proceedings pending before the learned executing court be stayed. 2. The facts, in brief, as emerge on perusal of the record are that the respondent filed a suit for recovery of Rs.40,00,000 under Order XXXVII, C.P.C. This suit was decreed ex parte on 8-12-2010. The petitioner moved an application for setting aside of the ex parte judgment and decree under…

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