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Wrong description of property

Wrong description of property legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 SCMR 1034 SUPREME-COURT Judicial Precedent
S. 19Civil Procedure Code (V of 1908), O. XXI, Rr. 66, 67(2) & 90Constitution of Pakistan, Art. 185(3)Execution of decreeIllegal auctionWrong description of propertyNon-compliance of proclamation of salePress publication

Judgment debtor assailed auction proceedings on the pleas that Court-Auctioneer without any authority, in the advertisement of auction, had fixed date different from the one fixed by court and illegally auctioned property on such date; that description of property was wrongly and incorrectly mentioned in the advertisement; that proper advertisement required under law was not made as property was situated in city "M", whereas advertisement/publication was made in inconspicuous newspapers published from cities "L" and "V"

All such factors were vital, which vitiated auction but such aspects had not been taken into account by the courts below

Leave to appeal was granted by Supreme Court to consider the contentions of judgment-debtor

Petition was allowed.

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Precedents & Case Laws citing "Wrong description of property"

CLD 2013
2013-April-30

2013 C L D 1430

QAISER ABBAS — Petitioner Versus MUSLIM COMMERCIAL BANK LTD. and others — Respondents

Court: Supreme Court of Pakistan
SCMR 2013
Civil Petition No.275-L of 2013, decided on 30th April, 2013.

2013 S C M R 1034

QAISER ABBAS — Petitioner Versus MUSLIM COMMERCIAL BANK LTD. and others — Respondents

Court: Supreme Court of Pakistan
CLC 1980
Second Appeal from original Order No. 368 of 1979, decided on 13th January, 1980.

1980 C L C 1454

MUHAMMAD DIN-Appellant Versus SHAUKAT ALI-Respondent

Court: Lahore
CLC 2012
2012-August-3

2012 C L C 1887

URFAN QURESHI — Petitioner Versus Chaudhary SHOUKAT AZIZ — Respondent

Court: High Court (AJ&K)
PLD 2005
2005-May-19

P L D 2005 Peshawar 238

Syed MEHMOOD ALI QADRI through Legal Heirs — Petitioners Versus GOVERNMENT OF N.-W.F.P. through Collector, D.I. Khan and 9 others — Respondents

Court: High Court
MLD 1992
Civil Appeal No.31 of 1990, decided on 19th February, 1992.

1992 M LD 1301

ALLAH DITTA‑‑‑Appellant Versus ABDUL GHAFOOR‑‑‑Respondent

Court: Supreme Court (AJ&K)
MLD 2003
2002-September-17

2003 M L D 1238

Mst. SUGHRAN and others — Petitioners Versus ALLAH DITTA and others — Respondents

Court: Lahore
CLC 2015
2015-April-16

2015 C L C 1555

BIBI BABO — Appellant Versus MUHAMMAD ASLAM and another — Respondents

Court: Balochistan
PCRLJ 1984
Criminal Miscellaneous No. 603 of 1982, decided on 24th August, 1982.

1984 P Cr

AKRAM ALI and another — Petitioners Versus THE STATE — Respondent

Court: Karachi
PLD 1978
Civil Miscellaneous No. 1245/C of 1978/LHR ; Civil Miscellaneous No. 719 of 1977/BWPin R. F. A. No. 52 of 1976/BWP, decided on 22nd May 1978.

P L D 1978 Lahore 1043

ABDUS SATTAR AND ANOTHER-Appellants Versus Hafiz MUHAMMAD BAKHSH AND ANOTHER-Respondents

Court: S. 153-Plaint-Decree-Amendment of-Inadvertent, accidental, or clerical mistake in description of property in proceedings-Held, trial as well as appellate Court, possessed of widest power to permit correction of plaint and decree-Power of correction, however, not available if mistake either not of kind specified or anterior to proceedings and means to correct deeds or documents forming basis of suit-Such prohibition, held further, not applicable to case where property identifiable otherwise.-Plaint-Decree.