Law:

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Civil Procedure Code (V of 1908) ----S. 114 Review Proceedings before High Court needing correc¬tion Case not only one needing clarification by way of abundant caution but also one for correction of a clerical error and a technical defect in proceedings No scope hence for question of review and not necessary for intervenor to have filed appeal against order sought to be corrected and correction made by High Court not without jurisdic¬tion Civil Procedure Code (V of 1908), S. 151. [Review]. ORDER MUHAMMAD AFZAL ZULLAH, J. This petition for leave to appeal arises out of an order passed by a learned Single Judge in the Sind High Court whereby it was clarified as to which properties would be sold in execution of a money decree passed against the petitioner. The petitioner claims to have purchased an evacuee property known as Raja Mansion in 1959 60 through a P. T. O. He mortgaged with the National Bank of Pakistan respondent No. 1, a part of so purchased property (No. R. C. 8/7/1/1 (part) and R. C. 8/7/1/A (part), consisting of 66 flats against loan advanced to him by the said respondent. It is admitted by him that he paid back a part of the loan, but thereafter defaulted with regard to the remaining amount. Respondent 'No. 1 filed a suit against him on the original side in the High Court of Sind for the recovery of the balance amount and obtained a decree. On Execution Application No. 84 of 1972, auction of mortgaged flats comprising of two numbers (8/7/2/1/1 and 8/7/I/A) was ordered. The Chief Settlement Commissioner respondent No. 2 filed an objection Application No. 572 of 1973 requesting the postponement of the sale of property bearing Nos. R. C. 8/7/1 A, 8/7/1 B, 8/7/1 C, 8,17/1 D and 8/7/2/1/1. The petitioner resisted the said application. On 31st March, 175, a learned Single Judge ordered that the decree holder was at liberty to sell those properties of the petitioner which were not the subject matter of the application filed by respondent No. 2 (572 of 1973). When the decree holder wanted to include property No. R C 8/7/1 A to the auction, the petitioner raised objection that this property number being exempted under the order of the Court dated the 31st…

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