| Case ID |
37648c4a-f2a5-4835-9f3e-57679e5531e6 |
| Body |
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| Case Number |
F.A.O. No. 311 of 1995 |
| Decision Date |
Apr 15, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the Banking Tribunal's order confirming the sale of property No. 23-E Main Market, Gulberg-II, Lahore, due to significant procedural irregularities in the auction process. The court identified that mandatory provisions for notice and compliance with auction procedures were not met, leading to the conclusion that the auction was invalid and detrimental to both the judgment debtors and the decree-holder bank. The court emphasized the necessity of adhering to the Civil Procedure Code's regulations regarding the execution of decrees and the importance of ensuring that the auction process is transparent and fair. |
| Summary |
In the case of FAO No. 311 of 1995, the Lahore High Court addressed the procedural flaws in a public auction conducted for the sale of property attached as part of a decree execution. The court found that the executing court failed to properly serve notices to the judgment debtors and did not ensure compliance with the mandatory provisions of the Civil Procedure Code. The court highlighted the implications of such failures, stating that the auction was tainted with material irregularities that caused substantial injury to both the judgment debtors and the decree-holder bank. The court's decision reiterates the importance of strict adherence to procedural requirements in the execution of decrees to uphold the integrity of the judicial process. This case underscores the significance of transparency in auctions and the protection of the rights of all parties involved, particularly in financial disputes involving significant amounts. The ruling serves as a precedent for future cases involving auction procedures and the execution of judgments, emphasizing the court's role in safeguarding fair practices. |
| Court |
Lahore High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN,
M/s. Camslid Equipment,
Malik Muhammad Ashraf
|
| Judges |
SHAHID WAHEED, J
|
| Lawyers |
Imtiaz Rashid Siddique,
Tahir Atique Piracha,
Abid Hussain,
Ali Zafar Syed,
Zahid Nawaz Cheema
|
| Petitioners |
ABDUL JABBAR SHAHID AND OTHERS
|
| Respondents |
NATIONAL BANK OF PAKISTAN AND OTHERS
|
| Citations |
2019 SLD 409,
2019 PLD 76
|
| Other Citations |
2013 SCMR 1419,
2014 CLD 1404,
PLD 2014 SC 283,
AIR 1917 Mad. 176,
AIR 1941 Calcutta 159,
PLD 2004 SC 144,
PLD 2005 SC 819,
2014 SCMR 1222
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908
|
| Sections |
O.V, Rr.17, 20,
O.XXI, Rr.66, 67, 68,
166,
181
|