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Judicial alarm as sweeping 27th Amendment to the Constitution of Pakistan raises fears for court autonomy | The National Assembly has passed the 27th Amendment bill in a heated session underscoring sweeping changes in judicial, military and constitutional spheres | Power dynamics shift in election oversight: magistrate roles under review | Bar associations mobilise as legal fraternity warns of intelligence-agency tie-ups in judicial reform

Citation name: 2024 SCMR 1218 – Suit for Possession/Through Partition

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  • Tariq Zubair Khan v. Mst. Tabassum Khan and others
  • The petitioner, Tariq Zubair Khan, challenged the Islamabad High Court's dismissal of his appeal against the trial court's order regarding objections to an auction sale of a property. The property was auctioned to satisfy a decree, and the petitioner filed objections under Order XXI, Rule 84 of the CPC. The courts determined that the objections were instead applicable under Rule 90 of the CPC, which concerns setting aside sales based on irregularity or fraud. The petitioner failed to deposit 20% of the sale proceeds, as required by the rule. Consequently, the Supreme Court dismissed the petition, affirming the lower courts' decisions.

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