Law:

Section:

Civil Procedure Code (V of 1908)-----O. XXI, Rr. 66 & 90---Auction of immovable property---Reserve price---Court auctioneer---Powers---Sale of property by auction was confirmed on the price less than the reserve price---Judgment-debtor filed objection and sought setting aside of sale on the ground that the price of property was more than what was reserved by the Executing Court but Court auctioneer sold the same against the price less than the reserve price---Objection petition was dismissed by Executing Court and sale was confirmed in favour of auction purchaser---Validity---Bid had to start from the reserve price and Court auctioneer had no authority either to reduce the reserve price or to accept any bid below the reserve price, which had the sanctity of the Court, who fixed the reserve price---Purpose of fixing reserve price in proclamation was that the Court had to safeguard the rights of -debtor and the bid was to start from that figure---Court auctioneer committed material irregularity while conducting the sale and accepting bid below the reserve price, inasmuch as the order of the Court fixing the reserve price was completely ignored---Sale was declared illegal by the High Court on account of such material irregularity, and was set aside---Such a sale, in normal circumstances, after its confirmation was not set aside but if sale itself became invalid, its confirmation would also be invalid---Objection petition of -debtor was remanded to Executing Court for decision afresh---Appeal was allowed accordingly. Brig. (Recd.) Mazhar-ul-Haq and another v. M/s. Muslim Commercial Bank Limited, Islamabad and another PLD 1993 Lah. 706; Mrs. Aziz Fatima and 3 others v. Mrs. Rehana Chughtai and 3 others 2000 CLC 863; Mrs. Shahida Saleem and another v. Habib Credit and Exchange Bank Limited and 4 others 2001 CLC 126 and Afzal Maqsood Butt v. Banking Court No. 2, Lahore and 8 others 2005 CLD 967 ref. Javaid Jalal for Appellant. JUDGMENT MIAN HAM1D FAROOQ, J.---Present appeal under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, proceeds against order dated 6-2-2003, whereby the learned Judge Banking Court, dismissed appellant's…

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