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NIZAMUDDIN & COMPANY versus THE BANK OF KHYBER


Sections 19 (3) (7) of the Code of Civil Procedure (v. 1908), compliance with sections 36 and 51 of the Mortgage Property Bank of the Bank, the executing court, without the interference of the court-plates raised by the decision creditors. The auctioneer was allowed to sell the property of his contract and then complete the decree, even though the bank had agreed to the sale with regard to the property by the debtor, Still, the proper way would be to have the court implement the auction for sale / auction of the property under its supervision. Alt directed to the case I would not have advantage over other parties in the process of implementing any of the two sides. To be treated equally and the rights of the decision-makers should not be given preference over the obligations of the Hours. On the one hand, it was the process of execution. The court will execute the decree but on the other hand, it is to protect the rights of the creditors. It was also the responsibility of the court, who were not in danger and sacrificed at the altar to execute the decree. Appropriate pricing should be obtained when executing the decree The decision should not be made through the sale of the property and property of the lenders to the association of the illegal persons, may be the holders of the order or their representatives The court directed the executive court to sell the property through a court auction order. The proceedings were set aside by the court according to which the appeal was allowed

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