| Citation(s) |
|---|
| 2022 SLG 309 2022 SLD 309 2022 CLD 123 |
Lahore High Court
C. P. No. 1494 of 2020, decision dated: 30-06-2021, hearing date: 30-03-2021
JAWAD HASSAN, JUSTICE, SULTAN TANVIR AHMAD, JUSTICE
Haseeb Raza for Appellant. Ghulam Hussain Chaudhary for Appellant in E.F.A. No. 246935 of 2018 and on behalf of
Respondent No. 2 in the main case (E.F.A. No. 242230 of 2018). Nemo for
Respondent No. 1.
C. P. No. 1494 of 2020, decision dated: 30-06-2021, hearing date: 30-03-2021
JAWAD HASSAN, JUSTICE, SULTAN TANVIR AHMAD, JUSTICE
Haseeb Raza for Appellant. Ghulam Hussain Chaudhary for Appellant in E.F.A. No. 246935 of 2018 and on behalf of
Respondent No. 2 in the main case (E.F.A. No. 242230 of 2018). Nemo for
Respondent No. 1.
FAYSAL BANK LIMITED
VS
SAJJAD ASLAM AND OTHERS
Law: Civil Procedure Code (V of 1908)
Section: 6&90
Civil Procedure Code (V of 1908)--O. XXI, Rr. 66 90---Execution of decree---Auction proceedings---Sale, setting aside of---Substantial injury to debtor---Proof---Auction purchaser was aggrieved of order passed by Executing Court declining to confirm sale in his favour---Validity---If any occurred irregularity was noticed by Executing Court, it must have discussed its impact, effect or substantial injury caused by debtor---In order to succeed it was mandatory for debtor to satisfy the Court on merits that the sale should be set aside on the ground of material irregularity, or fraud in publishing or conducting it---Judgment debtor was to satisfy the Court that he had sustained substantial injury by reason thereof---Mere an irregularity, even if material should not suffice unless it could be shown that material loss had been caused---No such irregularity was committed by Court Auctioneer which had caused substantial injury to debtor---High Court set aside the order passed by Executing Court and confirmed sale in favour of auction purchaser--- Appeal was allowed, in circumstances. Zakaria Ghani and 4 others v. Muhammad Ikhlaq Memon and 8 others PLD 2016 SC 229 rel. ORDER: Despite issuance of repeated notices none has entered appearance on behalf of the Respondent No. 1/Judgment-debtor, as it is not possible for a judgment-debtor that his property is at stake and he himself unable to pursue the proceedings being conducted in this regard and this very conduct of him shows his lack of interest in pursuing this matter. In these circumstances, he is proceeded against ex parte. 2. This order will dispose of the E.F.A. in hand as well as connected matter (E.F.A. No. 246935 of 2018) involving similar facts impugning the order dated 13.09.2018, passed by learned Judge Banking Court-IV, Lahore. 3. The case in hand (Execution First Appeal No. 242230 of 2018) has been filed by the Appellant Bank under Section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, seeking setting aside of order dated 13.09.2018, passed by the learned Judge Banking Court-IV, Lahore whereby auction proceedings carried out by the Court Auctioneer under order dated 17.04.2018,…
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