AMINULLAH vs KHALIL UR REHMAN O — 2025 PLD 127 QUETTA-HIGH-COURT-BALOCHISTAN

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

AMINULLAH VS KHALIL UR REHMAN O. XXI, Rr. 66, 67, 68 & 72---Execution proceedings---Public auction---Participation of decree-holder without permission---Effect---Non-compliance with mandatory provision---Payment of decretal amount during pendency of execution--- Challenge to possession order---Held, that O. XXI, Rr. 66, 67 & 68, C.P.C., outlined a comprehensive mechanism, whereby it was the duty of the Executing Court that after attaching the property, it had to direct the revenue authorities to assess the market value before referring the case to the District Revenue Officer for auction---Court was also required to instruct the Revenue Officer to include the reserved price in the auction proclamation, however, parties were not allowed time to inspect the property; the valuation and reserve price were absent---Proclamation must include all material particulars to inform potential bidders about the nature and value of the property---Non-compliance with O. XXI, Rr. 66, 67 & 68, C.P.C., vitiated the proceedings---If a decree-holder intends to participate in the auction, permission under R. 72 is mandatory, and only then can he claim a set-off of the purchase money---Decree-holder did not obtain such permission, rendering the auction proceedings violative of Rr. 66, 67, 68 & 72 of O. XXI, C.P.C., which was an illegality apparent on the record, thus, the auction was declared illegal---During litigation, the judgment-debtor produced documents proving full payment of the decretal amount, thus, the revisional court rightly set aside the auction/transfer order---No infirmity or perversity was found in the revisional court's order, rendering it immune from interference by the High Court---Constitutional petition was dismissed, in circumstances.

AMINULLAH vs KHALIL UR REHMAN O — 2025 PLD 127 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2025 PLD