ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 1302 of 2018

Date of hearing

Order with signature of Judge

Hearing of case (priority)

1. For orders on office objections at Flag-A

2. For hearing of CMA No.6815/2018 (S/A)

3. For hearing of main case

30.08.2018

Mr. Ashok Kumar K. Jamba, Advocate for the petitioner.

Mr. Muhammad Aslam Jatoi, Assistant Attorney General.

.-.-.-.-.-.-.-.-.-.-

The petitioner has impugned a letter issued to the Mukhtiarkar Sukkur, Taluka Sukkur, District Sukkur for the valuation of the mortgaged property likely to be auctioned in pursuance of a decree passed by the Banking Court No.1 Sukkur. At the very outset, the inquiry with regard to the valuation of the property in terms of the valuation certificate to be issued by Mukhtiarkar is not an order to be impugned in these proceedings under Article 199 of the Constitution of the Islamic Republic of Pakistan as the petitioner is not aggrieved person with reference to nature of order. The sale proclamation is to be issued in terms of Order XXI Rule 66, CPC, and there is no cavil to this proposition that the sale proclamation is to be drawn up after notice to the decree holder and judgment debtor. The valuation certificate as inquired by the Banking Court from Mukhtiarkar will not curtail any right as available to the decree holder and judgment debtor in terms of Order XXI Rule 66, CPC. They may enjoy their rights and the Banking Court shall hear them at the time of issuance of sale proclamation to specify time and place of sale, and specify as fairly as accurately as possible:-

(a) the property to be sold;

(b) the revenue assessed upon the estate or part of the estate, where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government;

(c) any incumbrance to which the property is liable;

(d) the amount for the recovery of which the sale is ordered; and

(e) every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property.

With this clarification, learned counsel for the petitioner submits that he would be satisfied if in the aforesaid proclamation the petitioner be heard in terms of his rights available under Order XXI Rule 66, CPC.

The petition along with listed application is disposed of in the above terms.

J U D G E

J U D G E

Abdul Basit