JUDGMENT through the record, it is clear from the order sheet of the learned executing Court that , indeed no notice under Order'21, Rule 66,CPC was issued to the appellant. This is clear from the fact that there is no order directing the issuance of such notice. This circumstance establishes the contention of learned counsel that Mst. Zainab Bibi had not been served. The notice under Order 21, Rule 66. CPC is mandatory and the failure of an executing Court to issue such notice constitutes material irregularity.
4. As to the contention that no auction actually took place, we have noted, firstly, that the auction was advertised in the daily ' Soorat-e-Hall' dated 22.2.2000. The said newspaper, which is unknown, is, in any event, published from Faisalabad. According to the High Court Rules, if a local newspaper is to be used for citation in any case, it should be a paper published in the same district in which the person desired to be served resides, In the present case, the appellant is Undisputedly resident in Jhang Sadar and her property was also located in the same city. The advertisement of the auction sale in daily .' Soorat-e-Hall' also, therefore, constitutes material irregularity.
5. Furthermore, Mst. Zainab Bibi was residing in the house in question. This is clear even from the warrant through which possession of the house in question was handed over to the auction purchaser Abdul Latif, it does not appear to be reasonable that Mst. Zainab Bib would have delayed filing of her objection petition for more than four months had an auction actually taken place at the site,
6. For the foregoing reasons, we find that the alleged Court auction dated 1.3.2000 did not actually take place or even if it did take place, it suffered from material illegality. As a consequence, the said auction is set aside. Learned -counsel for the appellant Mst. Zainab Bibi-has undertaker! That she would pay 5% over and above the bid amount of Rs.3,52,000/- as a consequence of the setting aside of the auction sale. She is ordered to do the needful on the day possession of the aforesaid house is restored to her. This shall be done within 30 days from today.