Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S.19---Civil Procedure Code (V of 1908), O.XXI, R.66--¬Sale of mortgaged property in execution of decree---Presence of -debtor at the time of auction---Judgment-debtor objected to the sale on the ground that the property under auction was not properly described in the proclamation and -debtor was wrongly marked present at the time of auction---Validity---Property had been sufficiently described in the proclamation which was in consonance with the mortgaged documents ---Property had been described by reference to its number and area and the same was the adequate compliance of O.XXI, R.66. C.P.C.---Judgment-¬debtor failed to prove from independent evidence that he was not present at the time of auction---Absence of -debtor at the time of auction even otherwise had no material effect upon the auction and the auction could not be declared fraudulent on such account. JUDGMENT MIAN SAQIB NISAR, J.-The respondent-Bank filed a suit for recovery against the appellant which was decreed by the learned trial Court on 17-1-2002 to the tune of Rs.2,01,132.33 alongwith the costs of the funds against the appellant. The appellant did not challenge that decree any further, therefore, in execution of the said decree the mortgaged property so attached was put to auction and has been purchased by the respondent No.2 for a price of Rs.6,51,000. The appellant objected to the above sale on the ground that the sale has been fraudulently conducted; he was shown present at the time of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492