Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

(a) Limitation--- ----Void order---Limitation against a void order would run from the date of knowledge which had to be explicitly pleaded. Muhammad Raz Khan v. Government of N.W.F.P. PLD 1997 SC 397 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(e)---Judicial proceedings---Presumption of correctness---Scope--- Presumption of correctness was attached to judicial proceedings, and strong and unimpeachable evidence was required to rebut such presumption. Messrs Blue Star Spinning Mills Ltd. v. Collector of Sales Tax and others 2013 SCMR 587 ref. ORDER YAHYA AFRIDI, J.--- The matter in dispute relates to a double story house, bearing No. B-III-14-S-295/1/RH on land measuring 9 Marlas of land, situated at Mohallah Mianapura, East Sialkot (disputed property), which was auctioned in execution of a decree dated 06.10.2000 for recovery of Rs. 1,50,861.58/- with future mark up till the realization of the decretal amount passed by the Banking Court, Gujranwala in favour of Muslim Commercial Bank (MCB). 2. By an order of the Banking Court, an auction was carried out on 06.07.2001, the report thereof was filed on 19.10.2001, the auction sale was confirmed and the sale certificate in this regard was issued in favour of the auction purchaser on 23.05.2002. The present petitioners challenged the confirmation of the sale vide his application dated 23.07.2002 purportedly under the provisions of Order XXI, Rule 89 of the Civil Procedure Code, 1908 (C.P.C.). Similar objection petitions were repeatedly submitted by the petitioner, and finally the executing court dismissed the same vide its order dated 01.06.2010 in terms that: This property was earlier owned by Muhammad Sharif which was transferred through two registered sale deeds by the judgment debtor No. 2 as General attorney of the objector Muhammad Sharif in favour of the judgment debtor No. 3 and therefore the petitioner Muhammad Sharif alias Muhammad Sadiq has no locus standi, what so ever to file an objection petition qua this property. The judgment debtors have also filed an application for cancellation of auction and setting aside the sale certificate in favour of the auction purchaser Nasir Saleem Mirza and they…

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