Law:

Section:

Civil Procedure Code (V of 1908)-------O. XX, R. 13---Execution of decree in an administration suit---Auction of suit property through court Nazir---Court stipulating a specific opening and closing time for the auction---Party failing to participate in auction proceedings within the stipulated time---Effect---High Court had directed the Nazir to sell subject property through auction to the highest bidder and that all the concerned parties should appear before the Nazir on given date at 11 A.M.; that no date or extension (in time) whatsoever shall be given to any party, and that in case no one was present within half an hour of the time (i.e. 11 A.M.), then the exercise (auction) shall be deemed to have been closed and the offer already made for the property shall be deemed to be accepted---On auction day Nazir started bidding at 11 A.M. and when the highest offer/bid was received, he ended the auction at 11:30 A.M.---Appellant reached the auction place at 12:08 P.M. and offered to match the highest bid, but the Nazir did not allow her as the bidding process had already been completed---Legality---High Court had fixed the date and time of the auction and it had further clarified that no date or extension whatsoever shall be given and all parties must be present before the Nazir on the date and time given---Court in emphatic terms had put all parties on notice that the bidding process had to be completed within the stipulated time and on the stipulated date---Each and every party/bidder was clearly conveyed the message that there would be no extension in time---Appellant in such circumstances had to be extra-cautious to ensure that if she was interested in matching the bid already made for the property, she should have been present before the Nazir well before time or at least on time---Appellant was unable to provide any plausible reason as to what precluded her from reaching the Nazir's office within time---Ample opportunity was provided to appellant to match the highest bid but she was unable to avail such opportunity for which she could not blame anyone but her own-self---Nazir was completely justified in completing the auction proceedings at 11:30 A.M., as…

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