Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)--------S.19---Civil Procedure Code (V of 1908), O.XXI, R.89---Constitution of Pakistan (1973), Art.185(3)--Execution of decree---Setting aside of sale---Judgment-debtor filed application under O.XXI, R.89, C.P.C. but failed to deposit the amount due even within extended time---Effect---Even the application which was submitted under O.XXI, R.89, C.P.C. was not competent as the amount due against -debtor was not deposited by him---High Court had rightly dismissed the appeal filed by ¬-debtor---Sale having been confirmed and such fact had been conceded by -debtor, therefore, -debtor was not entitled to any relief under Art.185(3) of the Constitution---Leave to appeal was refused. ORDER This petition has been filed for leave to appeal against the judgment dated 17th June, 2004 passed by the Lahore High Court, Lahore, relevant paras. therefrom are reproduced hereinbelow:-- "3. We have examined the available records. We find that earlier the matter was agitated by the appellant before this Court in Writ Petition No.1470 of 2000. With the agreement of the said judgment-debtor as well as the said decree-holder, the matter was disposed of on terms whereby Syed Zamurad Hussain Shah, Advocate, was appointed as Court Auctioneer and the schedule for the sale of mortgage properties was also provided. So far as the matter of reserved price is concerned, the same was dealt with and disposed of vide order dated 10-11-2003 in Writ Petition No.7899 of 2002 filed by the appellant. We may note here that the appellant had been repeatedly filing proceedings before the learned Executing Court as well as this Court each time saying that it is ready to pay the decretal amount and then failing to do so. As per the auction report, the proceedings were conducted in presence of the participants and the appellant. Nothing, therefore, turns on the said contentions of the learned counsel for the appellant. 4. Now as noted by us above, the appellant had been time and again stating that he will pay the amount and then backing out. It is a matter of record that no amount was deposited at any time in terms of…

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