Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) --S.19(7) Civil Procedure Code (V of 1908), O.XXI, R.66 ¬Auction of mortgaged property, validity of Suit for recovery filed against the appellant was decreed ex parte in favour of the Bank Execution petition Sale of mortgaged property by auction Objection petition filed by the appellant against auction of his property was dismissed by the Executing Court through impugned order Appeal was filed by the appellant against the impugned order Objections of the appellant was that the notice under O.XXI, R.66, C.P.C. was not issued to him before the auction of the property, the publication of sale was made in a different newspaper from the one that the Court had directed and the auction proceedings conducted by the Court and the auctioneer were fraudulent Validity Order to sell the property through auction was found to have been passed by the Executing Court after issuing notice under O.XXI, R.66, C.P.C. to the appellant, as the appellant had responded to it by filing an application for setting aside the ex parte decree Change of the publication in the newspaper by the Court auctioneer was not an illegality,, as the purpose of the publication was to bring the auction of the property to the knowledge of the public and it was well achieved Notice was also fixed at different conspicuous places and also sent by registered post to the appellant No fraud was found to have been committed in holding the auction not the Executing Court had gone outside the limits prescribed nor the Executing Court had one outside the limits law Executing Court as well as the Court auctioneer had performed all the legal requirements to conduct the auction of the said property Appeal, in the circumstances, was dismissed. JUDGMENT MUHAMMAD AKHTAR SHABBIR, J. This appeal arises out of the order dated 23 1 2003 passed by Judge Banking Court 1, Faisalabad dismissing the objection petition of the appellant and confirming the sale in favour of respondent No.2. 2. The facts giving rise to the present appeal in brief are that the plaintiff Bank/ Decree-holder had instituted a suit against the appellant/judgment debtor for the recovery…

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