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MESSRS KASHIF TRADERS versus MUSLIM COMMERCIAL BANK LIMITED


Section 19 (7) Civil Procedure Code (v. 1908), A XXI, R 66 Mortgage Property Auction, Validation of Suit for Recovery Filed against Appellant for Sale of Mortgage Property by Auction Object The bank was declared illegal in favor of the application. The petition filed by the appellant against the auction of his property was dismissed by the court of impeachment through an impugned order. The appeal was filed by the appellant against the improper order of the appellant stating that the appellant's objections were that the notice was not issued under OXXI, R 66, CPC. Prior to the auction of the property, the sale was published in a different paper that was directed by the court and the auction proceedings were forged by the court and the auction, which allowed the sale order for the property to be auctioned. Was. The Executive Court approved the Appellant after issuing a notice under O XXI, R 66, CPC, as the Appellant had responded by filing a request for a Settlement as per his Idea Rule. It was not illegal to change a newspaper's publication through a court auctioneer, because the purpose of this publication was to bring the property auction to the public's notice and this notice was also received. Sent to the appellant by default and registered post at various specified locations, no fraud was detected in the auction, neither went beyond the limits prescribed by the Executive Court nor was one outside the bounds of the court. The execution was the court. Since the court auction fulfilled all the legal requirements for the auction of the said property

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