Law: Civil Procedure Code (V of 1908)

Section: 89

  Civil Procedure Code (V of 1908)--- ---OXXI, R.89---Setting aside of sale in execution of decree ---Essentials-- Provision of OXXI, R.89, C.P.C. entitles the owner of immovable property sold in execution of decree, to apply for setting aside the sale on depositing in Court a sum equal to 5 per cent of the purchase money for payment to the purchaser and the amount specified in the proclamation of sale for payment to the decree -holder---Entitlement under R.89 of OXXI, C.P.C. is absolute except for the period of limitation of sixty days provided for the purpose. Civil Procedure Code (V of 1908)-- ---O.XXI, Rr.89, 90, 91 & 92---Limitation Act '(IX of 1908), Art.l66---Settin aside sale on deposit by judgment-debtor---Essentials---Auction purchase depositing balance amount beyond period allowed by the Court ---Effect- Intervenor's offer was accepted conditionally on his depositing the balance amount within three days but the same was made after seven days---Sale had to be made absolute after deposit of balance amount and Court had to ensure as whether any application under OXXI, Rr.89, 90 or 91, C.P.C. was made or not- After observance of such formalities, sale could be made absolute under O.XXI R.92, C.P.C.---Judgment-debtor in the meanwhile, had made application under OXXI, R.89, C.P.C. and made deposit provided thereunder, in accordance wit law, within the time limit provided under Art.l06, Limitation Act---Settlement arrived at between the judgment-debtor and decree-holder was thus recorded b the Court and full satisfaction thereof was noted in the decree and sale in favour of intervenor was not made absolute but was set aside as per terms of OXXI R.89, Civil Procedure Code. Begoy Krishna v. Momtajuddin P L D 1961 Dacca 177; A I R 1967 S 698 and H.D.M. Limited v. Allied Bank Limited P L D 1987 S C 512 ref. Mamnoonul Hassan, Baqer Hussain and M.A. Latif for Plaintiff. Z.U. Ahmed and Akmal Waseem for Defendants. ORDER This execution application has been filed by National Bank of Pakistan for recovery of the decretal amount of Rs. 15,78,563.85. Assistance of the Court was sought, inter alia, by attachment and sale of the immovable property…