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M. AHMED SH. versus J.S.B. BANK LIMITED


Section 19 Civil Procedure Code (v. 1908), executing order XXI, Rr 67, 69 and 72 at a specified price after the auction proceedings have been postponed by auction due to non-mortgage of the mortgaged property. Offer to buy such property The validity of the sale validity in favor of the decree holder by any bidder's court Dreitholder did not obtain permission from the court before making such offer. The auctioneer legally requires a decree holder before accepting an offer to seek permission from the court. Decide its authenticity and after concluding that the sale is valid, the court can only confirm that the decedent had made an offer to buy such property and that the court also Without permission, no such sale was made, which can be confirmed by this source. Except where the court or court auction postponed the sale for more than seven days, then the latest declaration would need to be mationed under R-67, according to court AXI, R69 (2), CPC. In the case of a waiver of rights by the decision-making court, in the present case, the notice was not issued under OXXI, R 67, the CPC disregarded the court's requirement to re-conduct the sale. Declaring the sale of the decree holder on the same offer and executing it against the specific value was initiated under CPC and not under section 19 of the Financial Institutions (Financial Recovery) Ordinance, 2001

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