Law: Civil Procedure Code (V of 1908)

Section: 47,O.XXI,R.89,90

Law: Limitation Act, 1908

Section: 166

Civil Procedure Code (V of 1908)--- ----S. 47 & O. XXI, Rr. 89 & 90---Limitation Act (IX of 1908), Art. 166---Execution petition---Attachment of property of -debtor---Auction of attached property---Objection petition, filing of---Requirements---Agreement to sell---Property of -debtor was auctioned wherein objection petition was moved but same was dismissed by the Executing Court---Contention of petitioner was that suit for specific performance was filed with regard to suit property and same had been decreed---Validity---Applicant for filing objection petition was required to deposit 5% of the purchase money for payment to the auction purchase and also must have deposited the amount mentioned in the proclamation of sale---No formal order of the Court or permission was required for deposit of the said amount---If said amount was not deposited then objections were not competent---Objections were filed under O. XXI, R. 89 of C.P.C. but without fulfilling requisite compliance of the said provisions and it would be considered as if no such application had been preferred---Objection petition could not be moved after 30 days of auction---Agreement to sell did not create or confer right or title in the suit property except it did extend a right to file a suit for specific performance---Alleged agreement to sell had been executed for avoidance of execution of present decree---Attachment of property in question was in the knowledge of applicant even before entering into agreement to sell and thereafter at the time of alleged and decree passed in the suit for specific performance---Present objection application had not been moved in accordance with O. XXI, R. 89, C.P.C.---Frivolous objections had been raised only to delay the process of execution and drag the decree-holder and auction purchaser into litigation---Revision was dismissed with cost of Rs. 1,00,000/- which was directed to be distributed equally between the decree-holder as well as auction purchaser. Mst. Anwar Sultana through L.Rs. v. Bank Al-Falah Ltd. and others 2014 SCMR 1222; Messrs Abdur Razzaq and Company, through Mian Abrar Ahmed v. Bank of Punjab and others 2005 CLD 1170; Mst. Noor Khatoon and…

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