137/2023 Spl.H.C.A National Tiles and Ceramics Ltd & Another (Appellant) V/S Sindh Bank Limited & Others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
137/2023 Spl.H.C.A National Tiles and Ceramics Ltd & Another (Appellant) V/S Sindh Bank Limited & Others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 14-DEC-23
Judgment-Debtor did not take any action under Order 21 Rules 89 or 90 CPC during the hearing of the appeal against the impugned Order passed by the learned Single Judge on Order 21 Rule 86 CPC, Division Bench passed. ad-interim Order beyond the scope of Order 21 Rule 89. Such an interim Order was a provisional measure subject to hearing the Auction-Purchaser; it was not final, did not meet the procedural requirements of CPC, and was barred by limitation. No grounds were agitated by the Judgment-Dector under Order 21 Rule 90 CPC. The period of 30 days under the Limitation Act of 1908 commenced from the date of sale (i.e. when the Court approved the sale pursuant to Order 21 Rule 86 CPC. Valuable rights had accrued to the Auction-Purchaser which could not be taken lightly. Appeal dismissed.