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MUHAMMAD MAHERBAN versus MUHAMMAD SIPARAS


A. XXI, Rr 66 & 89 Specific Relief Act (I of 1877), Section 12 suit for a specific performance of contract sale to keep the auction proceedings separate from sale to court, not set reserve price and suit property AXXI filed an application under R 89 CPC for permission to submit the auction price, which was approved by the lower appellate court. The court did not comply with the mandatory provisions of O XXI, R 66, CPC, therefore, the certificate for selling and selling the entire super structure of O XXI, R 89, was revoked. , CPC had to provide the decision-maker an opportunity to decide which was the only way to avoid the sale, after the delivery of OXI, R 89, the CPC had to pay the final price. Opportunity to decide after auction to keep sale on interest payment after auction, Lower Appellate Court passed a beneficial order in favor of auction buyer while NXI, R89, CPC Under 5% of the purchase price as well as the purchase amount should be reduced by 7% from the date of submission. No permanent error or material misconduct was found in the decisions passed by the Lower. Appellate court review dismissed in circumstances

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