ANWAR AHMED ANSARI vs PAK LIBYA HOLDING CO — 2023 CLD 867 KARACHI-HIGH-COURT-SINDH

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

ANWAR AHMED ANSARI VS PAK LIBYA HOLDING CO. (PVT.) LTD. Ss. 19 & 22--- Limitation Act (IX of 1908), First Sched. & Art. 166--- Civil Procedure Code (V of 1908), S. 12(2) & O. XXI, R. 89---Execution of decree---Sale, assailing of---Limitation---Deposit of auction money---Effect---Appellant/judgment debtor was aggrieved of dismissal of his application under O. XXI, R. 89, C.P.C. and auction of mortgaged house was maintained by Banking Court--- Earlier appeal against dismissal of application under S. 12(2), C.P.C. filed by appellant/judgment debtor for getting judgment and decree set aside was withdrawn by him---Validity---Appellant/judgment debtor filed application under the provisions of O. XXI, R. 89, C.P.C.---Appellant/judgment debtor was afforded opportunity and means under O. XXI, R. 89, C.P.C. for setting aside sale after it was validly carried out by making payment of amount specified in proclamation of sale minus any amount received by decree holder since date of proclamation of sale along with a further sum of 5% of purchase money for payment to auction purchaser---In order to avail such opportunity, appellant/ judgment debtor was required under Art. 166 of Limitation Act, 1908 to file application as well as make deposit within a period of 30 days from the date of sale---As soon as appellant/judgment debtor withdrew his appeal, Banking Court's order dismissing application under S. 12(2), C.P.C. had attained finality---Such dismissal order could not be attacked and interfered with or made ineffective subsequently, by direct or indirect means, in a collateral proceeding---Having deposited entire bid money within the time stipulated by law, and in addition, upon confirmation of sale by Banking Court, auction purchaser had acquired valuable rights in subject property---Such rights of auction purchaser, lawfully conferred by the Court, had to be protected and could not be taken away---High Court declined to interfere in the order passed by Banking Court---Appeal was dismissed, in circumstances.

ANWAR AHMED ANSARI vs PAK LIBYA HOLDING CO — 2023 CLD 867 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2023 CLD