Law:

Section:

Civil Procedure Code (V of 1908)-------O.XXI, R.68---Constitution of Pakistan, Art. 185(3)---Sale of -debtors property---Timing---Scope and object---Auction--- Notice of auction in the newspaper and the auction itself taking place on the same date---Validity---Order XXI, Rule 68 of C.P.C. provided that no sale without the consent in writing of the -debtor could take place until after expiry of at least fifteen (15) days in case of movable property and thirty (30) days in case of immovable property calculated from the date of which a copy of promulgation had been affixed on the Court-house of the Judge ordering the sale---Object of said provision appeared to be to provide an opportunity to -debtors or any party claiming interest in the property to file their objections before the executing court and to attract maximum number of bidders to participate in the auction so as to get the best possible price of the property to be auctioned---In the present case, the property was auctioned on the very day when the notice was published in the newspaper---Non-compliance with O.XXI, R.68, C.P.C. was a material irregularity and as such the same was rightly set aside by the Executing Court---Impugned of the High Court was reasonable and proceeded on cogent grounds---Petition for leave to appeal was dismissed, in circumstances. Qazi Zakiuddin, Advocate Supreme Court for Petitioners. Dr. A. Basit, Senior Advocate Supreme Court for Respondents. Date of hearing: 18th May, 2012. JUDGMENT KHILJI ARIF HUSSAIN, J.---The petition has been filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, for leave to appeal against the judgment dated 27-3-2012 passed by the Islamabad High Court, Islamabad whereby Civil Revision No.70 of 2011 filed by the petitioners was dismissed. 2. Brief facts to decide the petition are that respondent No.3 filed a suit before the Civil Court Swabi, which was decreed in his favour; that the decree was transferred to District Court, Islamabad; that the judgment debtors did not put their appearance before the Executing Court; consequently, moveable assets of judgment debtor were attached in pursuance of the execution proceedings and…

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