Syed ASIF SHAH vs MAZHAR JAVED O — 2022 CLC 1985 KARACHI-HIGH-COURT-SINDH

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Syed ASIF SHAH VS MAZHAR JAVED O.XXI, Rr.88 & 89---auction---Bid---Nature of---Scope---auctioneer's declaration of highest bidder---Direction for fresh auction before acceptance of highest bid---Petitioner had apparently offered a bid in respect of house which had been put to auction by Civil Court in execution---Petitioner was declared the highest bidder, however auction proceedings were set aside as a consequence of an application by one of the parties to the suit---Nazir was directed to hold a fresh public auction as per law and procedure wherein all legal heirs of deceased as well as petitioner could participate---Revision filed by petitioner was dismissed by Revisional Court and it was held that in absence of confirmation/acceptance of petitioner's bid, he had no locus standi to challenge the order of executing court---Bid made at auction was merely in the nature of an offer which did not of itself give rise to any rights as such offer was always subject to acceptance by Court ad did not mature into a contract till that time---auctioneer's declaration that a particular bid was the highest merely gave rise to a legitimate exception of its acceptance as against other bidders but did not itself constitute a sale and certainly did not gave rise to a legitimate expectation of its acceptance as against other bidders but did not itself constitute a sale and certainly did not gave rise to any enforceable right---Enforceable right arose only when the bid was accepted and the full purchased money was deposited but that too subject to provisions of O.XXI, Rr.89, 90 & 91 of the C.P.C., with the property only finally coming to vest in the purchase when the sale was confirmed---No right ever accrued in favour of petitioner in the case---Constitutional petition was dismissed, in circumstances.

Syed ASIF SHAH vs MAZHAR JAVED O — 2022 CLC 1985 KARACHI-HIGH-COURT-SINDH

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