Mst. SAMRANA NAWAZ vs MCB BANK LTD — 2024 PLD 873 SUPREME-COURT

Case information

Citation: 2024 PLD 873 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: PLD
Parties: Mst. SAMRANA NAWAZ vs MCB BANK LTD
Subject matter: Civil

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. SAMRANA NAWAZ VS MCB BANK LTD. O.XXI, R. 90, second proviso---Execution of decree---auction sale---application to set aside sale on ground of irregularity or fraud---Deposit of amount or furnishing of security in court---Purpose of the second proviso to Rule 90 of Order XXI, C.P.C.---Evidently, the purpose of the second proviso is to discourage frivolous objections---Condition stipulated in the second proviso for entertaining the application ensures that the rule is not misused to delay the completion of the sale and expeditious conclusion of the execution proceedings, and that the objections are made only by bona fide persons on valid grounds---If upon adjudication the application is found frivolous, the amount deposited or the security furnished, as the case may be, by the applicant is to be appropriated for awarding costs to the person(s) who suffer from the delay in completing the sale due to the filing of the application---Therefore, in determining the amount required to be deposited, the executing court should consider various factors such as the decretal amount, the time elapsed since filing the execution petition, the sale amount and the applicant's previous conduct, etc., and fix an amount reflective of the costs likely to be awarded to the affected party in case of dismissal of the application.

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