Law: Civil Procedure Code (V of 1908)

Section: XXI,90

Law: Financial Institutions (Recovery of Finances) Ordinance, 2001

Section: XLVI,19

Civil Procedure Code (V of 1908)--- ----O. XXI, R.90---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 19---Auction proceedings---Objection petition, filing/ hearing of--Condition precedent to deposit 50% of the sale proceeds ---Scope---Record revealed that in order to execute the judgment and decree passed by the Banking Court ,auction was conducted for the sale of mortgaged property---Appellants filed Objection Petition under O. XXI, R. 90 of the Civil Procedure Code, 1908 (C.P.C.) against the auction proceedings---The Executing Court directed Appellants to deposit 50% of the sale proceeds as a condition precedent for the Objection Petition to be heard on merits, failing which, the same would be dismissed on said sole ground---Held: Appellants failed to make the required deposit ; consequently, the Objection Petition was dismissed through the impugned order---The condition to deposit the amount under O. XXI, R. 90, C.P.C. is mandatory when the Executing Court specifically requires such deposit and warns of consequences of non-deposit--No illegality, infirmity or jurisdictional defect in the impugned Order had been noticed---Appeal was dismissed, in circumstances. Date of hearing: 6th November, 2025. JUDGMENT ABID HUSSAIN CHATTHA, J.----This Appeal under Section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the "Ordinance") calls into question the Order dated 16.12.2024 passed by the Executing Court. 2.    Precisely, in order to execute the Judgment and Decree…