| Case ID |
1a4c382c-5d71-4e2c-b476-b882404813e3 |
| Body |
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| Case Number |
C.M. No.181/B of 2001 |
| Decision Date |
Nov 27, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court, under C.M. No.181/B of 2001 in Execution Application No.45/B of 1999, decided on November 27, 2001, to reject the objection petition raised by Trust Leaving against the confirmation of the sale in execution proceedings. The objection was based on alleged bias of a court auctioneer in favor of the purchaser. However, the Court found no evidence of such misconduct or bias and ruled that the mere inadequacy of the sale price is not sufficient ground to set aside the sale. Consequently, the sale was confirmed and possession of the property was directed to be delivered to the purchaser. The Court also ordered the issuance of warrants of possession and deputed a bailiff to execute the same. The decision establishes that procedural fairness must be substantiated with concrete evidence of bias or misconduct, rather than mere dissatisfaction with the sale price. |
| Summary |
In the case C.M. No.181/B of 2001, the Lahore High Court addressed an execution application involving Trust Leaving and Messrs REGENT DYING. The petitioner, Trust Leaving, objected to the confirmation of a sale held in execution proceedings, alleging bias by a court auctioneer favoring the purchaser, a decree-holder, in facilitating the purchase of property at a low price. Trust Leaving contended that the sale price of Rs.2,56,50,000 was extremely inadequate given the property's location and attributes. However, the Court scrutinized the allegations and found no substantial evidence of misconduct or bias by the court auctioneer, Mr. Abdul Hameed Chohan. The lack of power of attorney and signed documents further weakened the objection. Additionally, Trust Leaving had previously filed an objection petition that was dismissed, and their appeal was also denied by a Division Bench and the Supreme Court of Pakistan, which declined the equity of injunction. The Court underscored that mere inadequacy of the sale price does not constitute a valid ground for setting aside a sale. Furthermore, the objector failed to offer a higher purchase price or demonstrate legal standing to challenge the sale confirmation. As a result, the High Court confirmed the sale, ordered the delivery of possession to the purchaser, and authorized police assistance if needed to enforce possession. Warrants of possession were issued, and a bailiff was appointed to execute the order and inventory the property. This case highlights the necessity for robust evidence when alleging judicial bias or misconduct in execution proceedings and reinforces the principle that procedural objections must be substantiated beyond mere dissatisfaction with transaction terms. |
| Court |
Lahore High Court
|
| Entities Involved |
Pergo Trading Limited,
Mr. Abdul Hameed Chohan,
Mr. Abdul Samad Hashmi
|
| Judges |
MUHAMMAD SAIR ALI, J
|
| Lawyers |
Haq Nawaz Chattha,
Zahid Malik
|
| Petitioners |
TRUST LEAVING
|
| Respondents |
Messrs REGENT DYING
|
| Citations |
2005 SLD 1349,
2005 CLC 1368
|
| Other Citations |
C.M. No.403/B of 2000,
C.M. No.344/B of 2001
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXI, Rr.90,
O. XXI, Rr.92,
O. XXI, R.90
|