Law: Civil Procedure Code (V of 1908)

Section: O.XXI,Rr.84,85

(a) Civil Procedure Code (V of 1908)--- ----O.XXI, Rr.84 & 85---Sale through re-auction---Scope---Provisions of O.XXI, Rr. 84 and 85, C.P.C. are mandatory in nature and in case of non-compliance, suit property is liable to be resold forthwith. M/S. S.P.R.L. Rehman Brothers and another v. Judge Banking Court No.II, Lahore and another 2000 MLD 1957 and M/S. Dawood Flour Mills v. National Bank of Pakistan 1999 MLD 3205 rel. (b) Civil Procedure Code (V of 1908)--- ----O.XXI, Rr.84 & 85---Auction, setting aside of---Non-compliance of mandatory requirements---Petitioner was auction purchaser who was aggrieved of order passed by Lower Appellate Court setting aside auction proceedings for non-compliance of mandatory requirements---Validity---Auction purchaser was bound under O. XXI, R. 84, C.P.C. to deposit 25% of bid money with Court auctioneer immediately on fall of hammer and in case of failure, case property was liable to be re-auctioned---Remaining amount of 75% of purchase money as required under O. XXI, R. 85, C.P.C. was to be deposited with Court within 15 days from the date of acceptance of bid and Court, only thereafter under law, was to confirm the sale---Lower Appellate Court rightly set aside the order passed by Executing Court confirming sale pre-maturely---High Court declined to interfere in order passed by Lower Appellate Court as the same was well reasoned, validly passed and was not suffering from any misreading, non-reading nor it was erroneous on facts or law---Constitutional petition was dismissed in circumstances. A.R. Davar v. Jhinda Ram and another AIR 1938 Lah. 198; Manilal Mohanlal Shah and others v. Sardar Sayed Ahmed Sayed Mahmad and another AIR 1954 SC 349 Vol. 41, C.N. 84 and Muhammad Ali Ashgar Sabir Raja v. Mst. Sajida Bashir and others 2006 SCMR 801 ref. THIS JUDGMENT DELIVERED BY: AZIZ-UR-REHMAN, JUSTICE:---.--- By means of this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the Petitioner upon feeling 'aggrieved' and 'dis-satisfied' with order dated 09.01.2016, passed by the learned IVth Additional District and Session Judge, Karachi Central whereby, the Civil Revision Application…

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