MUHAMMAD HASSAN versus MESSRS MUSLIM COMMERCIAL BANK LTD
Sections 19 and 22 Civil Procedure Code (v. 1908), O XXI, R 66 Objection to the sale of mortgaged property by the executor of the decree and requesting approval O XXI, R 66, two requirements of CPC, Met with Decision for sale of property and appointment of court auction There is no court order available on record and no order was issued for the petitioner to decide the terms and conditions of drawing advertisement. Along with the application, the proposed terms and conditions of sale were also filed or after that the court gave neither the auctioneer nor the powers to assign the auction to the terms and conditions and to issue the disclosure court auction, Therefore, we cannot issue a self-declaration so the sale by Court Allure would be an unauthorized act. And there would be no legal consequences for such sale was void, which could not be protected. Such a sale must be kept separate and cannot be affirmed by the application of the principle of avoiding technicalities or the party's court shall not face prejudice. The bid and the auction set aside the inappropriate order and sale in favor of the buyer.
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