' ABDUL SHAKOOR PARACHA, J.---This appeal impugns the order dated 26-6-2001, whereby the learned Banking Court No,II, Lahore dismissed the application filed by the appellant for setting aside of the auction proceedings, and confirmed the sale vide his order dated 4-7-2001 and sale certificate has been ordered to be issued in favour of the respondent.
2. Before us, learned counsel for the appellant contends that the whole auction proceedings are based on fraud and have been conducted with material illegality and irregularity.
3. The auction took place in the presence of one of the judgment-debtors namely Naseer Ahmad.
The appellant has not offered to pay the decretal amount and the property has been sold in execution of the decree. The appellants' contention that the purchase-money shown in the auction is much less than the actual price of the property is not tenable. Further, the appellant contends that he has filed an application under section 12(2), C.P.C., therefore, the auction be set aside cannot be entertained, because mere filing of an application is no ground under the law to set aside the auction. The objection petition was dismissed vide order dated 26-6-2001, and thereafter the appellant moved an application with the prayer that he is ready to pay Rs,20 lacs in lump sum and regarding the remaining amount instalments be made and mark-up be written off. Execution has already been held and the Executing Court cannot go-behind the decree.
' No exception can be taken to the orders dated 26-6-2001 and 4-7-2001. Resultantly, this appeal fails and the same is dismissed.