Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credit: and Finances) Act (XV of 1997) Ss. 18 & 21 Civil Procedure Code (V of 1908), S.12(2) 6 O.XXI. Rr. 90, 92 & 94 Execution of decree Sale of mortgaged property Application for setting aside auction proceedings being based on fraud and having been conducted with material irregularity was dismissed by Executing Court and instead confirmed the sale and ordered to issue sale certificate to auction purchaser Judgment¬-debtor thereafter filed application praying that he was ready to pay Rs.20 lacs in lump sum and regarding remaining amount instalments be made and mark up be written off Validity Auction proceedings had taken place in presence of one of the debtors, and on his failure to pay decretal amount, property had been sold in execution of decree Execution having already been held, in circumstances, Executing Court could not go behind the decree Mere filing of application under S. 12(2), C.P.C., was no ground under law to set aside the auction High Court dismissed appeal in circumstances. JUDGMENT ABDUL SHAKOOR PARACHA, J. This appeal impugns the order dated 26 6 2001, whereby the learned Banking Court No.II, Lahore dismissed the application filed by the appellant for setting aside of the auction proceedings, and confirmed the sale vide his order dated 4 7 2001 and sale certificate has been ordered to be issued in favour of the respondent. 2. Before us, learned counsel for the…

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