Mst. ALIA SHAMEEM vs NATIONAL BANK OF PAKISTAN S — 2023 CLD 359 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 359 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: Mst. ALIA SHAMEEM vs NATIONAL BANK OF PAKISTAN S
Subject matter: Criminal
Provisions referred to: S. 22---C; Civil Procedure Code (V of 1908)

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

Mst. ALIA SHAMEEM VS NATIONAL BANK OF PAKISTAN S. 22---Civil Procedure Code (V of 1908), O. XXI, R. 66---Suit for recovery of Bank loan---Execution of decree---Objections to auction---Limitation---Plea of fraud---Change of time, place and date of auction---Judgment debtor assailed auction on the plea of fraud committed by Court Auctioneer---Validity---Banking Court instead of settling down terms and conditions of auction in the language of Court or granting specific approval as required under O. XXI, R. 66(1), C.P.C., the same was left at discretion of Court Auctioneer leading to manifold and major mistakes---Proclamation was published in two newspapers without fixing any reserved price of suit property---Publication reflected date of auction as 19-6-1999 at 10:00 a.m. and stipulated venue of auction at the site---Report of auction showed that auction was adjourned to 26-6-1999 and site venue was abruptly changed to the office of the decree-holder without fresh publication or proper circulation of change of date and venue---When auction was challenged on the ground of fraud in publication and conduct of sale, time could only run against victim upon gaining clear and definite knowledge of facts which had constituted fraud---High Court set aside order passed by Banking Court confirming sale through auction---Appeal was allowed in circumstances.

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