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Civil Revision No. 1439 of 1978, decided on 17th May, 1980.
O. XXI, r. 90‑Sale, setting aside of‑Deposit of 20 per cent of sale price‑Not intention of Legislature‑Such deposit subject to direction of Court‑Specification of amount of deposit‑Obligatory on executing Court‑Such direction not given by executing Court‑Rejection of objection petition for non‑deposit of amount, held, not justified.
S. 5 & Art. 166‑Limitation‑Objection to sale filed after five months‑‑Limitation for such petition 30 days‑Application for condonation of delay not filed‑Plea of limitation not raised before executing Court‑Such plea involving a pure question of law, held, could be advanced at any stage‑Petition dismissed as time barred in circumstances of case.‑Question of law].
Mahfoozul Hag Khan for Petitioners.
D. M. Chaudhry for Respondent No. 1.
Rafiq Javed Butt for Respondent No. 2.
Riaz‑141‑Hassan Gillani for Respondents Nos. 3 to 9.
Date of hearing : 17th of May, 1980.
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