Law:

Section:

(a) High Court (Lahore) Rules and Orders--- ----Vol. V. Ch.4-H, R.3---Decision of case by short order signed by Division Bench---Detailed reasons recorded later on by one Member of Division Bench could not be signed by its other Member as he, by that time, ceased to be a Judge of High Court---Available Member of Division Bench with permission of Chief Justice recorded reasons in support of short order and delivered in the case. Ghulam Hussain v. The State PLD 1981 Kar. 711 and Office Reference, dated 28-4-1981 PLD 1982 Kar. 250 rel. (b) Civil Procedure Code (V of 1908)--- ----O. III, R.1 & O.XXIX, R.1---Appeal by Corporation---Board Resolution authorized "A" to deal with legal matters regarding property subject' matter of appeal---Vakalatnama of counsel was supported by special power of attorney executed by Chief Executive of the Corporation---Appeal was competently filed. (c) Appeal (Civil)--- ----Appeal filed under wrong provision of law---Effect---If court had jurisdiction to hear appeal, then such defect could be ignored and appeal could be considered on merits. (d) Civil Procedure Code (V of 1908)--- ----O. XXI, Rr.61 & 66---Transfer of Property Act (IV of 1882), S.55(1)(g)---West Pakistan Urban Immovable Property Tax Act (V of 1958), S.16(4)---Execution proceedings---Sale of property in public auction by court on "as is where is" basis after advertising the same---Property tax and utility bills outstanding against property prior to its auction-Auction, purchaser's liability to pay such taxes and bills---Scope---Purchaser would not be bound to pay such taxes and bills, unless there was mention in advertisement of sale of property that same was being sold with all liabilities---Term "as is where is" would refer only to physical attributes of property sold and would not relate to its liabilities, dues and taxes---Liability of utility bills would be that of consumer---Consumer was -debtor and not property---Merely providing utility services at property would not create any charge over property unless so declared by law---In absence of contract to contrary, seller/ -debtor would be liable to pay all public charges in respect of property sold---Between…

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