Law:

Section:

(a) Limitation Act (IX of 1908)---- Art. 166-Application for setting aside sale of property in execution of decree-Limitation starts from date of sale-Date of sale means date on which hammer falls at a public auction and in case of private sale when offer accepted-Time cannot be reckoned from date of issuance of sale certificate-Civil Procedure Code (V of 1908), O. XXIX. Sham Singh and others v. Vir Bhan and others A I R 1942 Lah. 102 , Gauri v. Ude and others A I R 1942 Lah. 153 and Sitaram v. Asaram A I R 1924 Nag. 108 ref. (b) Civil Procedure Code (V of 1908)-- -----O. XXI, rr. 65 & 90-Proclamation of sale-Alleged violation in publication of proclamation-No substantial loss proved to have occurred to -debtor by failure to publicise proclamation by beat of drum and other alleged irregularities-Held, sale cannot be set aside in circumstances of case. Ghulam Abbas v. Zohra Bibi and another P L D 1972 S C 337 ref. (c) Civil Procedure Code (V of 1908)- ----O. XXI, r. 65 and Sind Chief Court Rules (O. S.), r. 351-Mode of disposal of property-Provisions of law do not prohibit any other mode than by public auction-Court can, under its inherent power adopt a different mode to advance cause of justice. Narsing Das v. Mangal Dubey (1883) 5 All. 163 ref. (d) Civil Procedure Code (V of 1908)- --O. XXI, r. 65-Sale of property in execution of decree-Objection with regard to service of notice not raised at earlier stage before Courts below-Held, cannot be taken exception to before Supreme Court. ORDER MUHAMMAD HALEEM, J.-The petitioner seeks special leave to appeal against the order of the High Court of Sind dated 3rd of October, 1979, by which the petitioner's application for setting aside the sale in favour of the second respondent was dismissed. The facts which have led to the filing of the aforementioned application under Order XXI, rule 90, C. P. C. are that the first respondent obtained a preliminary decree for forecolsure on 10th of January, 1974 ; and as the petitioner failed to deposit the decretal amount within the prescribed period, a final decree was passed on 13th of August, 1974. The first respondent, thereupon, filed an application on 29th of January,…

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