| Case ID |
42bcd51f-f613-426a-862a-236dd7d9eb57 |
| Body |
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| Case Number |
Civil Revision No.1415 of 2013 |
| Decision Date |
Mar 03, 2022 |
| Hearing Date |
Feb 03, 2022 |
| Decision |
The Lahore High Court partly allowed the civil revision petition, setting aside the auction sale of the attached decree dated 20.06.1998 and the confirmation thereof in favor of the respondent No.1. The court determined that the executed auction process was flawed due to the unfair reserve price and failure to ascertain the fair market value of the property involved. The executing court was directed to ascertain the forced sale value of the attached decree and proceed with a proper auction in compliance with legal requirements. The petitioner was granted the option to satisfy the money decree if advised. |
| Summary |
In the case of Rao TALIB ALI KHAN vs. Peer SALEEM-UD-DIN, the Lahore High Court dealt with issues surrounding the execution of a money decree and subsequent auction of attached property under the Civil Procedure Code (V of 1908). The petitioner challenged the execution proceedings, claiming fulfillment of a settlement agreement, while the respondent sought enforcement of the money decree due to alleged non-performance. The court found irregularities in the auction process, including a low reserve price that did not reflect the property's true value, leading to a decision that emphasized the need for fair judicial processes in property auctions. This case highlights the importance of adherence to legal standards in the execution of decrees and the rights of judgment debtors in property sales. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Asim Hafeez, J
|
| Lawyers |
Rao Kashif Iqrar,
Mian Irfan,
Naveed Anjum,
Sardar Nadeem Abbas Dogar,
Mian Muhammad Hussain,
Chotya
|
| Petitioners |
Rao TALIB ALI KHAN
|
| Respondents |
others,
Peer SALEEM-UD-DIN
|
| Citations |
2023 CLC 756,
2023 SLD 1469
|
| Other Citations |
Sudarsan Poddar v. Manindra Chandra Pal AIR 1932 Calcutta 80,
Domi Lal Sahu and others v. Bijoy Prasad Singh and others AIR 1932 PAT 349
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
53
|