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MUHAMMAD ATTIQUE versus JAMI LIMITED


Article 19 Civil Code of Conduct (V8 1908), AXXI, Rr 66 and 67 (2) Schedule of sale executing the decree (auction of property), Judges debtor for failure to publish notice in newspapers Throws the action on the ground. The same was done by violating the mandatory requirements of O XXI, Rr 66 and 67 (2). Rejected, after which the High Court sent the case to the court for judgment. New review not only complied with the requirements of O XXI, R 66, CPC but also the schedule of sale of mortgaged property published in any newspaper. Was not required, as required under O XXI, R 67 (2), CPC although the banking court / execution court ordered the sale by publication but any newspaper I did not publish a sale notice and no further notice to declare the sale was presented to the judgment debtor Banking Court, who, without having satisfied himself, had published the notice in any newspaper except in a mechanical manner. The buyer's bid was accepted without understanding that its previous order was not complied with and no notice was issued to the decision's debtor; it was the court's responsibility to be satisfied that it had a prior order. ? Applied and mandatory notices were issued to the verdicts of the verdict and it was published in the newspapers; the Supreme Court refused to interfere with the High Court-approved remand order.

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