Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.1,90,92

Law: Constitution of Pakistan, 1973

Section: 188

(a) Civil Procedure Code (V of 1908)--- ----O. XXI, R. 90, second proviso---Auction proceedings---Objection petition under O. XXI, R. 90, C.P.C---Maintainability---Deposit of 20% of auction price/security---Mandatory requirement---Discretion of court was limited only to the extent of amount of security to be deposited (i.e. not exceeding 20%). Bare reading of the second proviso to Order XXI, Rule 90, C.P.C. clearly showed that the deposit of a sum of 20% of the auction price was mandatory for the application to be entertained in the first place, i.e. an application would not be maintained unless such a sum was deposited. Closer reading of the said provision also showed that the discretion provided to the court was not with respect to furnishing of the security at all, but rather the amount of the security to be deposited. Second proviso to Order XXI, Rule 90, C.P.C mandated every application under the said provision was to be accompanied by 20% of the auction price in order to be entertained. Nice "N" Easy Fashion (Pvt.) Ltd. v. Allied Bank of Pakistan 2014 SCMR 1004 and Zakaria Ghani v. Muhammad Ikhlaq Memon PLD 2016 SC 229 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XXI, R. 90, second proviso---Auction proceedings---Objection petition---Maintainability---Objection petition under O. XXI, R. 90, C.P.C filed on 22-09-2003---Deposit of 20% of auction price/security in support of such petition submitted subsequently on 03-03-2004---Held, that objection petition was not maintainable from its inception and any later deposit of money could not be used to argue otherwise. (c) Supreme Court Rules, 1980--- ----O. XXVI, R.1---Civil Procedure Code (V of 1908), O. XLVII, R.1---Constitution of Pakistan, Art. 188---Review petition before the Supreme Court---Scope---Application for review of an order (before the Supreme Court) would only succeed if new and important evidence, which was not within the knowledge of the applicant after the exercise of due diligence and could not be produced at the time when the order was made, was produced or a mistake or error apparent on the face of the record had been made in the order under review. (d) Civil Procedure Code (V of…

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