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NATIONAL BANK OF PAKISTAN versus MESSRS DHARAMDAS AND 2 OTHERS


Section 23 Civil Procedure Code (v. 1908), AXXI, Rr 13 and 64 prohibited the sale of auctioned property, at the time of auctioning the property in compliance with the court's order. The property had already been sold, the decree-holder objected. The first was that the property could not be sold by section 23 (2) of the Financial Institutions (Financial Recovery) Ordinance, 2001, and second, that the property was kept in mortgage with the decedent and not transferred. And thirdly, that the court proceedings were pending and in the meantime the buyer of the property requested that he purchased the property without any legality and that his name was listed in his name, then the legal purchase The buyer's dispute was canceled in the presence of a transfer. It was withdrawn after all rights to the transfer of the document were withdrawn and it was declared that the property would remain in place before it was sold.

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