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MST. KHAIR-UN-NISA CHANNA versus FEDERATION OF PAKISTAN


Section 18 of the Contract Act (IX of 1872), the execution of section 28, by the mortgagee of the property auction decision states that it will pay the deductible as per the schedule, if accepted, against the auction of the property. No treatment will be taken. By his action, which the execution court ordered the sale of the property, the High Court dismissed the constitutional application filed by the judgment. The reasoning of the decision was that their statement was void because no party could contract the remedy under the law. The result of such a statement backed by the person responsible for the decision was that the executing court would execute the order and sell the property to recover the illegal sum, if the decision was to be taken

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