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MIAN MUHAMMAD BAKHSH versus MUSLIM COMMERCIAL BANK LIMITED


Sections 7 and 19 (7) of the Civil Procedure Code (v. 1908), executing decree AXXI, Rr 58 and 62, did not give a description of the auction in the declaration of sale of the mortgaged property under the auction petition. The ownership of the property was claimed and described as an undivided one in which the decedent could not own a particular part of the property until it was divided, by the parties. The questions raised require proof to find the right one, despite the absence of a description of the property in the declaration, the mortgage subject matter No inquiry was made and no auction was made to inquire into the property, it was initiated by the Imposing Court and the appellant's objection was made. Specific dismissal, which was unnecessary, was directed by the execution court to determine the facts disputed on the basis of the facts on the uncontested order.

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