ZAHIDA BIBI vs SUMMIT BANK LIMITED O — 2023 CLD 1551 LAHORE-HIGH-COURT-LAHORE

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ZAHIDA BIBI VS SUMMIT BANK LIMITED O. XXI, R. 66---Execution of decree---Sale by auction---Reserve price, objection against---Principle---Objection regarding reserve price cannot be taken by judgment debtor after the auction is held---Duty to raise such objection at the initial stage is cast on judgment debtor. Ss. 19 & 22---Civil Procedure Code (V of 1908), O. XXI, R. 67---Limitation Act (IX of 1908), Art. 166---Execution of decree---Sale, setting aside of---Limitation---Publicity of auction proceedings---Mandatory requirement---Appellants/judgment debtors assailed auction proceedings conducted by Court Auctioneer---Executing Court dismissed objection petition filed by appellants/judgment debtors---Validity---In execution proceedings involving Court Auctioneer, sale of immovable property became complete when bid was accepted by Court---For the purpose of Art. 166 of Limitation Act, 1908 time was to start to run from the date the highest offer was accepted by Court---Objection petition filed by appellants/judgment debtors was not barred by limitation as it was filed on 18-10-2016 i.e. 30th day of the auction held on 08-09-2016---Reserve price of property was fixed at Rs. 108,171,850/- and to ensure proper publicity, Executing Court had to have exercised authority vested in it under R. 67(2), C.P.C. to order proclamation to be published in at least one widely circulated daily newspaper---Such failure caused injustice to appellants/judgment debtors---Only respondent/decree holder participated in auction and it provided a convenient walkover to respondent/decree holder to purchase the property at reserve price---Division Bench of High Court set aside the sale and remanded the matter to Executing Court to proceed with execution of decree in accordance with law---Appeal was allowed, in circumstances.

ZAHIDA BIBI vs SUMMIT BANK LIMITED O — 2023 CLD 1551 LAHORE-HIGH-COURT-LAHORE

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