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FAYSAL BANK LIMITED vs SAJJAD ASLAM O — 2022 CLD 123 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLD 123 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLD
Parties
FAYSAL BANK LIMITED vs SAJJAD ASLAM O
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAYSAL BANK LIMITED VS SAJJAD ASLAM O. XXI, Rr. 66 & 90---Execution of decree---auction proceedings---Sale, setting aside of---Substantial injury to judgment debtor---Proof---auction purchaser was aggrieved of order passed by Executing Court declining to confirm sale in his favour---Validity---If any occurred irregularity was noticed by Executing Court, it must have discussed its impact, effect or substantial injury caused by judgment debtor---In order to succeed it was mandatory for judgment debtor to satisfy the Court on merits that the sale should be set aside on the ground of material irregularity, or fraud in publishing or conducting it---Judgment debtor was to satisfy the Court that he had sustained substantial injury by reason thereof---Mere an irregularity, even if material should not suffice unless it could be shown that material loss had been caused---No such irregularity was committed by Court auctioneer which had caused substantial injury to judgment debtor---High Court set aside the order passed by Executing Court and confirmed sale in favour of auction purchaser--- appeal was allowed, in circumstances.

Other judgments reported in 2022 CLD

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