Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXI, Rr. 23-A, 64, 65, 66 & 90---Constitution of Pakistan, Art.185(3)---Judgment-debtor failing to pay part of decretal amount---Auction of -debtor's property---Notice of auction---Publication in the newspaper---Judgment debtor aware of the auction proceedings---Banking Court decreed suit in favour of the Bank---Judgment-debtor failed to pay part of decretal amount, whereafter Banking Court confirmed auction of mortgaged property and dismissed objection petition filed by the -debtor/petitioner---Validity---Judgment-debtor did not challenge the and decree passed by the Banking Court---Mortgaged property was put to auction twice---First auction was set aside at the motion of the -debtor and other objectors and re-auction was ordered---Judgment-debtor was fully aware of the re-auction proceedings---Judgment-debtor could not challenge the auction on grounds that notice was sent to the incorrect address, as notice was also published in the newspaper---Part of decretal amount already paid by the -debtor was adjusted by the bank/decree holder towards the outstanding liability of the -debtor---Appeal filed by -debtor against of Banking Court was rightly dismissed in limine by the High Court---Petition for leave to appeal was dismissed accordingly and leave was refused. Raja M. Ibrahim Satti, Senior Advocate Supreme Court for Petitioner. Raja Muqsit Nawaz, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent No.1. Sh. Muhammad Suleman, Advocate Supreme Court for Respondent No.2. Date of hearing: 24th April, 2014. ORDER MUSHIR ALAM, J.---Petitioner through Civil Miscellaneous Applications Nos.1545 and 3794 of 2013 seeks to bring on record additional documents, the applications are granted subject to all just exceptions. 2. Instant Civil Petition for Leave to Appeal is filed against the Order dated 10-12-2012, passed by a learned Division Bench of Islamabad High Court, Islamabad, whereby F.A.O. No.80 of 2012 filed by the petitioner against the order dated 20-12-2012 of the learned Judge, Banking Court, Rawalpindi confirming auction of the mortgaged property and dismissing the objection, petition of the…

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