Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XXI, R.85---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Sale in execution, setting aside of---Failure to deposit auction money---Auction of mortgaged property was confirmed in favour of appellant subject to deposit of partial amount within 15 days and to furnish solvent security within the same period of time for the balance amount to be paid within three months from the date of the order--­Appellants, in spite of extension of time by High Court for the payment of balance amount, failed to pay the same---Bid of appellant was accepted conditionally but he failed to fulfil the conditions, therefore, High Court recalled the bid and directed the official liquidator to re-advertise sale of the property---Plea raised by the appellant in the Intra-Court appeal was that after acceptance of bid, the appellant had acquired right in the property---Validity---Bid having been accepted conditionally and the appellant having failed to fulfil the conditions, the appellant had not acquired any right or interest in the property so as to question the order passed by High Court---High Court, in Intra-Court appeal, declined to interfere with the order passed by High Court ---Intra-Court appeal was dismissed. Feroze Din Faiz v. Chaman Lal and others PLD 1953 Lah. 83 ref. (b) Practice and procedure--- ---- Presence, of parties in Court---Non-appearance of case in cause list--­Previous order was passed in presence of appellant and next date was fixed by the Court---Counsel for the appellant was on general adjournment before the next date of hearing, therefore, office did not list the case in the cause list---Effect---Previous order having been passed in presence of the appellant, it was his duty to be present in the Court on the date fixed by Court, even if the case had not appeared in the cause list. Rashid Akhtar Qureshi for Appellant. S.I.H. Zaidi for Respondents. Bashir Ahmad Memon, Official Assignee. Date of hearing: 10th April, 2003. JUDGMENT KHILJI ARIF HUSSAIN, J.---The appellant filed appeal against the order dated 24-12-1999 whereby reference of the official assignee dated 24-12-1999 was considered by the…

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