HUMAIRA MEHBOOB vs SUMMIT BANK LIMITED Ss — 2023 CLD 525 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 525 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: HUMAIRA MEHBOOB vs SUMMIT BANK LIMITED Ss
Subject matter: Criminal
Provisions referred to: 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

HUMAIRA MEHBOOB VS SUMMIT BANK LIMITED Ss. 19 & 22---Civil Procedure Code (V of 1908), O. XXI, R. 83---Execution of decree---Reserved price---auction at low price---Limine control, doctrine of---applicability---appellant/judgment debtor assailed reserve price of mortgaged property on the plea of Executing court fixing the same on lesser side---Validity---Nothing stopped judgment debtor to locate and bring forward a buyer of her choice either in auction or before the Court prior to sale if property was to be sold for a price which in the estimation of judgment debtor was on the lower side---Sales under O. XXI, R. 83, C.P.C., could be postponed to enable a judgment debtor for raising money through private sale of the property---Judgment debtor could not be allowed to derail auction process by submitting evaluation report prepared at his instance instead of arranging a buyer for the properties to be auctioned---Condition of confirmation of sale by Court also operated as the biggest safeguard against the property which was sold at inadequate price irrespective of the fact whether any irregularity or fraud in conduct of sale was committed or not---Banking Court rightly dismissed application of appellant / judgment debtor as there was no illegality or perversity in orders which were passed in accordance with law---High Court applying doctrine of "Limine Control" declined to interfere in the order passed by Executing Court---appeal was dismissed, in circumstances.

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