ADNAN ANWAR vs IJAZ AHMAD Ss — 2025 CLC 1062 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1062 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: ADNAN ANWAR vs IJAZ AHMAD Ss
Subject matter: Criminal

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

ADNAN ANWAR VS IJAZ AHMAD Ss. 11(5) & 11(10)---Suit for partition---Auction proceedings---Extension in time to deposit balance auction money---Petitioner / auction purchaser was allowed extra time to deposit remaining 80% of auction money---Lower Appellate Court set aside confirmation of auction by Trial Court in favour of petitioner / auction purchaser---Validity---Legislature has not necessitated permission of Court to deposit remaining consideration amount---Petitioner / auction purchaser was bound to deposit remaining 80% amount within 07-days after the auction which he failed to do---Non-compliance of such mandatory provision entailed penal consequences---Deposit of remaining 80% amount within the period stipulated by Trial Court was of no use to petitioner / auction purchaser---No Court can deviate from mandatory provision of law, as act of Court derives force from the statute---When statute had not provided any leniency in such regard then Trial Court could not give any relaxation---Lower Appellate Court rightly allowed appeals of respondents---High Court in exercise of revisional jurisdiction declined to interfere in judgment passed by Lower Appellate Court, as petitioner / auction purchaser was unable to point out any illegality, irregularity or jurisdictional defect in judgment passed by Lower Appellate Court, which had been passed in accordance with law after due appreciation of the law on the subject---Revision was dismissed, in circumstances.

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