Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XXI, Rr.84, 85, 90 & S.12(2)---Ex parte money decree and sale---Such sale was set aside on an application under S.12(2), C.P.C.---Setting aside of sale; in circumstances, would not result in nullifying the impugned sale. Al-Hassan Feeds and another v. United Bank Ltd. and 6 others 2004 CLD 275; Messrs Chawla International v. Habib Bank Limited 2003 CLD 956; Mian Abdul Khalid v. M. Abdul Jabber Khan and others PLD 1953 Lah. 147; Janak Raj v. Gurdial Singh and another AIR 1967 SC 608 and Chota Nagpur Banking Association v. C.T. M. Smith and another AIR (30) 1943 Pat. 325 ref. (b) Company---- ----Legal entity---Company is a separate entity distinct from its Directors and no shareholders/or Director of a company can be said to be the owner of any particular piece of a property in which the company has an interest---Such distinction has to be clearly observed between the company as a legal entity and its rights on the one hand and individual shareholders and their rights on the other---Such, it cannot be said that the property in question is owned by its shareholders or Directors. Mohan Singh Oberoi v. Rai Bahadur Jodha Omal Kuthalla PLD 1961 SC G; The Eastern Federal Union Insurance Company v. State Life Insurance Corporation of Pakistan 1987 CLC 1408 and EBM Company Ltd. v. Domanion Bank AIR 1937 PC 279 ref. (c) Civil Procedure Code (V of 1908)--- ----S. 50---Property owned by a wife and sons of a -debtor, or for that matter by any other person cannot be said to be a, property of such person. (d) Civil Procedure Code (V of 1908)--- ----O. XXXI, Rr.85 & 86---Money decree---Execution proceedings---Attachment and sale of property---Appellants in the present case, were tenants in respect of the property and the machinery installed therein, were evidently owned by them and there was absolutely no question of such machinery being attached or sold and of the appellants being dispossessed through execution proceedings and as such the orders of attachment and sale of the machinery in question and consequential dispossession of the appellants were absolutely illegal, without jurisdiction and void and was not even…

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