| Case ID |
0a87d2fd-2b38-4966-a5b3-810d6e675268 |
| Body |
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| Case Number |
Civil Appeal No. 429 of 2001 |
| Decision Date |
Oct 02, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the order of the Peshawar High Court that had upheld the auction sale of property belonging to the petitioners. The court found that the petitioners failed to comply with the mandatory provisions of the Civil Procedure Code regarding the deposit of the decretal amount and the required percentage of the auction money. The court confirmed that the executing court had the authority to extend the time for the auction purchaser to deposit the remaining auction amount and that the petitioners had been given ample opportunity to comply but failed to do so. The court upheld the decisions of both the executing court and the High Court, concluding that the auction sale was valid and properly conducted. |
| Summary |
In the case of Civil Appeal No. 429 of 2001, the Supreme Court of Pakistan dealt with the execution of a decree and the subsequent auction sale of property owned by the petitioners, Al-Hassan Feeds. The case revolved around the failure of the petitioners to deposit the required decretal amount and the 5% of the auction money, as stipulated in the Civil Procedure Code. The auction was conducted on 17-09-1998, resulting in the sale of property to United Bank Ltd. The petitioners contested the validity of the auction, arguing that they were not given a fair opportunity to present their case before the court. However, the Supreme Court concluded that the lower courts acted within their jurisdiction and upheld the auction sale. The decision highlights the importance of compliance with procedural requirements in auction sales and reaffirms the authority of executing courts to manage such proceedings. This case serves as a critical reference for legal practitioners dealing with auction sales and execution of decrees in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
UNITED BANK LTD.,
ALHASSAN FEEDS
|
| Judges |
SH. RIAZ AHMAD, C.J.,
QAZI MUHAMMAD FAROOQ,
ABDUL HAMEED DOGAR, JJ
|
| Lawyers |
Ch. Mushtaq Ahmad, Senior Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record for Petitioners,
Roohul Amin, Advocate Supreme Court for Respondent No. 1,
Syed Asghar Hussain Sabazwari, Advocate Supreme Court,
Cfi. Akhtar Ali, Advocate-on-Record for Respondent No. 2
|
| Petitioners |
ALHASSAN FEEDS through Syed Abbas Hassan Shah and another
|
| Respondents |
6 OTHERS,
UNITED BANK LTD.
|
| Citations |
2004 SLD 2883,
2004 PLD 144
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O. XXI, Rr. 89,
O. XXI, Rr. 90,
Art. 185(3)
|