Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.89

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.89

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Procedure Code (V of 1908)-------O. XXI, R. 89---Execution of decree---Application for setting aside of order of sale of mortgaged property through auction---Applicant's plea that property had been sold at a low price---Validity---Property sold through auction would never fetch market value---Inadequacy of sale price in court sale would not be a valid ground for setting aside such sale---Such application was dismissed---Principles. It is very well-known to a person of ordinary prudence that a property sold through auction will not fetch the market value and will always be sold for a price below the market value. Mere inadequacy of sale price in court sale is no valid ground for setting aside the sale. A buyer is always reluctant to purchase a property in court sale as it involves litigation; it is time consuming and has the element of uncertainty. The court sales do not fetch market price for the reason and sale through auction cannot be set aside on this score alone. Mumtaz-ud-Din Feroz v. Sheikh Iftikhar Adil and others 2009 CLD 594 ref. East Yarn Trading Company and others v. United Bank Limited and others 2007 CLD 1555 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXI, R. 94---Execution proceedings---Sale of property through auction, confirmation of---Validity---Ownership right in property would be deemed to have vested in auction-purchaser once such sale was confirmed by court. Muhammad Attique v. Jami Limited and others PLD 2010 SC 993 rel. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition in matters wherein High Court having ultimate appellate or revisional powers under relevant statute---Scope stated. In matters, where the High Court itself is the repository of the ultimate appellate, revisional or referral power conferred by the relevant statute, it is in the rarest of cases that the High Court may be persuaded to entertain a constitutional petition and to enforce the constitutional remedy in preference to its own appellate, revisional or referral dispensation arising in course of time. Khalid Mehmood v. Collector of Customs, Custom House, Lahore 1999 SCMR 1881 Mir Zaman v. Mst. Sheda and others 2000 SCMR 1699 rel.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492