Law: Civil Procedure Code (V of 1908)

Section: 90

Civil Procedure Code (V of 1908)---O. XXI, R.90---Constitution of Pakistan (1973), Art. 199--­Sale in auction proceedings conducted under orders of Court---Validity---Application to set aside such sale---Right of prospective bidder or unconcerned person to object to such sale by filing application or Constitutional petition---Scope--­Such application could be made only by decree-holder and person entitled to any share in property or whose interest therein was affected by such sale by asserting some material irregularity or fraud in conduct of auction--­Prospective bidder could neither object to auction proceedings under O.XXI, R.90, C.P.C., nor could invoke Constitutional jurisdiction of High Court---Such sale being a commitment by Court in favour of highest bidder could not be annulled on frivolous applications---Principles. An application or an objection petition under Order XXI, Rule 90, C.P.C., can be filed by decree-holder or by the person entitled to any share in the property or by any person whose interest in the property is affected by the sale and any of those persons who had asserted some material irregularity or fraud in the conduct of auction. The petitioner was undeniably none of those persons and being a simple prospective bidder objected to the auction. The petitioner on the one hand could not object to auction proceedings under Order XXI, Rule 90, C.P.C., and on the other hand being only a prospective bidder could not maintain Constitutional jurisdiction of High Court. Auction proceedings through a mandate of the Court' have a sanctity and sense of security attached to those under its commitment to honour fair and lawful auctions. Provisions of Order XXI, rule 90, C.P.C. have a logic behind those, because if honest auction proceedings are not kept intact and are annulled on applications of unconcerned persons like the petitioner, it will damage the entire set up and public at large will not repose, confidence in such-like proceedings. Application of petitioner appears to be ill motivated having been filed on behalf of -debtors and for their benefits, because there was another application by a descendant of -debtor, which was also disposed of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492