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FARRUKH ABBAS versus AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN, MANDI BAHAUDDIN BRANCH

Sections 15 (5) and 19 (5) Civil Procedure Code (v. 1908), O XXI, R 72 (1) Provision of special court and general rules for the purchase of property by the holder implementing the decree Distinguishing and applicable decree The holder participated in the auction and the highest bidder's lender applied to separate the auction on the basis that the order holder had obtained permission from the court under OXI, R72. Was rejected by the CPC on the part of the auction proceedings, ordered under Sections 15 (5) and 19 (5) of the Financial Institutions (Recovery of Finance) Ordinance 2001 The lender was not required to obtain any such permission when it was proposed to sell a mortgaged property with the intervention of the court or without the court's intervention, the Financial Institutions (Recovery of Finance) Ordinance 2001 5 Under the provisions of section 15 (5) or 19 (5), the legislature was declared arbitrary in this case. The wind decree holder participated in the public auction and obtained the highest bidder's mortgage without obtaining the consent of any execution court. To purchase. In connection with the purchase of property by a decree holder under CPC XI, R72 (1) CPC, without the decree of the executor, without the permission of the executing court, bid or purchase of the property, Recovery of taxes) in connection with the purchase of property through the sale of the provisions of Sections 15 (5) and 19 (5) of the Ordinance 2001. Orders held without the permission of the Executive Court, O XXI, were contrary to the R-72 CPC clause, therefore, the special legislative provisions would eliminate the provisions of the CPC, best advocate from Chaghi lawyer