49/2009 Execution M/S.SAUDI ARABIAN AIR LINES (Decree Holder) V/S M/S.INT.MARKETING (Judgment Debtor)

49/2009 Execution M/S.SAUDI ARABIAN AIR LINES (Decree Holder) V/S M/S.INT.MARKETING (Judgment Debtor) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 02-SEP-14

"Civil Procedure Code (V of 1908)--- ----O. XXI, Rr. 22 & 66---Execution petition---Sale of attached property---Objections---Notice to Judgment-debtor to settle terms of sale---Necessity---Deposit of decretal amount, application for---Constructive res judicata, principle of---Applicability---Contention of judgment-debtor was that neither notice for sale proclamation nor for settling terms of sale were issued---Validity---No notice under O.XXI, R.66, C.P.C. was issued to the judgment-debtor nor such application had been preferred---Decree-holder was bound to apply for a notice under O.XXI, R.66, C.P.C. so that judgment debtor had an opportunity of raising objection to the sale, if any, or assist in settling terms to sale--- Judgment-debtor was entitled for notice to settle terms of sale proclamation---Judgment-debtor would lose right to object the execution petition after his service through public notice---Service of earlier notice would not take away the right of judgment-debtor to claim notice when property was put to auction---Sale could not be considered to be a valid sale in absence of notice under O.XXI, R.66, C.P.C.---When the judgment-debtor, in response to the notice, failed to appear, he was precluded by the rule of constructive res judicata from raising such objection at a later time and not by virtue of notice under O.XXI, R.66, C.P.C.---Non-compliance to the provisions of O.XXI, R.66, C.P.C. might vitiate the sale on account of material irregularity---Application for deposit of decretal amount was accepted in circumstances."