' JAWWAD S. KHAWAJA, J.----This appeal impugns the order, dated 30-6-2001 passed by the learned Banking Court No,II, Lahore.
2. The facts of this case are simple. A Court auction was held on 17-5-2001 in execution of the decree obtained by the appellant decree-holder. The appellant objected to the auction on the ground that there were other persons, namely, Dr. Zahid Mohy-ud-Din and Major (Retd.) Tariq Zahoor Shah, who were ready to offer an amount for the auctioned property which was higher than the auction price. This application, which was moved by the decree-holder under section 151, C.P.C., was dismissed on the ground that the said persons had not participated in the auction.
2. Learned counsel for the auction-purchaser has pointed out that an application by the decree- holder Bank under section 151, C.P.C. Was not maintainable. In support of this contention, he has referred to the case titled Rao Muhammad Suleman v. Allied Bank of Pakistan Ltd. And 11 others (1987 CLC 1338). The cited precedent does, indeed, support the case of the auction-purchaser.
3. From the application moved by the decree-holder Bank, it is clear that the decree-holder Bank did not claim any right under rules 89 and 90 of Order )XXI, C.P.C. It merely moved an application setting out a plea on behalf of the aforesaid Dr. Mohy-ud-Din and Major Tariq. The terms of rules 89 and 90 of Order XXI, C.P.C. Were not complied with by the appellant Bank. In these circumstances, we find that the application moved by the decree-holder Bank was rightly dismissed by the learned Banking Court. This appeal is, therefore, dismissed.