Law: Banking Companies (Recovery of Loans), Ordinance, 1979

Section: 8(3)

Law: Civil Procedure Code (V of 1908)

Section: OXXI, R.92

Law: Supreme Court Rules, 1980

Section: OXXVI, R.1

(a) Words and phrases------- Words "auction"---Meaning and scope---Words "auction" means public sale in which articles are sold to the highest bidder as distinguished from sale by private negotiation.Concise Oxford Dictionary and Black's Law Dictionary, 5th Edn. rel.(b) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)---S.8(3)---Civil Procedure Code (V of 1908), OXXI, R.92---Supreme Court Rules, 1980, OXXVI, R.1---Review of Supreme Court ---Question raised was that as the power of Special Court constituted under Banking Companies (Recovery of Loans) Ordinance, 1979, in regard to execution of decrees passed by it is provided in S.8(3) of the. Ordinance itself, procedure provided for in Civil Procedure Code, 1908, was displaced as held by Supreme Court in the under review; it was further contended that reservation of power by the Court of Confirmation of "auction" as distinguished from confirmation of "sale", both of which were within the amplitude of the power possessed by Court under S.8(3) of Ordinance XIX of 1979, were ignored and not given effect to, in holding that sale was to be governed throughout by provisions of Civil Procedure Code, 1908, overriding the express reservations---Judgment under review had exhaustively dealt with the argument that had been advanced in support of review petition---Assumption which lay at the foundation of the contention now raised, that the case was decided on the basis of provisions of Civil Procedure Code, 1908, was not well-founded---Question of confirmation of sale had been examined in the under review in a much wider perspective including the general principle attracted in case of judicial sales--�Review petitions being devoid of merit were dismissed in circumstances.ORDER ZAFFAR HUSSAIN MIRZA, J.-These are two petitions seeking review of this Court's judgment, dated 12th August, 1987, in CA. 90 of 1987. As common arguments were addressed at the Bar, these petitions are being disposed of by this common judgment. The point on which these review petitions were admitted was that as the power of the Special Court in regard to execution of decrees passed by it is provided in section 8(3) of the…