| Case ID |
09a0ab6b-99e9-440b-b622-33e3c2c98019 |
| Body |
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| Case Number |
Constitutional Petition No.2348 of 2001 |
| Decision Date |
Apr 14, 2002 |
| Hearing Date |
|
| Decision |
The court dismissed the petition as the petitioner’s bid was never accepted. The court clarified that provisions under Order 21, Rules 89, 90, and 91 of the Civil Procedure Code apply only when an offer has been accepted by the court. Since no such order was made, the petitioner had no right to claim the property. The learned Banking Court had only instructed the ascertainment of the market price and ordered a re-auction, which did not constitute an acceptance of the bid. Therefore, the petition was liable to be dismissed with no order as to costs. |
| Summary |
In the case of Constitutional Petition No.2348 of 2001, the Sindh High Court addressed the validity of a petition challenging the order of a Banking Court that directed a re-auction of a property. The petitioner, Dr. Mrs. Zulaikha Mahmood, argued that her bid of Rs.3,80,000 was the highest during the auction and should have been accepted. However, the court ruled that the provisions of the Civil Procedure Code regarding the setting aside of sales apply only when an offer has been accepted by the court. The court found that no acceptance of the petitioner’s bid occurred as the Banking Court only sought to determine the market value before proceeding with the auction. The decision emphasized the necessity of a formal order from the court to validate claims over property in such cases. The dismissal of the petition highlighted the importance of following procedural rules in property sales under execution of decrees. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SABIHUDDIN AHMED, JUSTICE,
SYED ALI ASLAM DAFRI, JUSTICE
|
| Lawyers |
Muhammad Arshad Iqbal for Petitioner,
Arshad Mobin for Respondents Nos.3 and 4,
Aftab Hussain Soomro for Respondent No. 5
|
| Petitioners |
Dr. Mrs. ZULAIKHA MAHMOOD
|
| Respondents |
,
PRESIDING OFFICER, BANKING COURT. NO. 1, KARACHI
|
| Citations |
2003 SLD 769,
2003 CLD 550
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
R-84,
O.XXI,
Rr.84,
Rr.89,
Rr.90,
Rr.91
|