Law:

Section:

(a) Words and phrases---.--- ---.----"Include"---.---Connotation. When phrase "include" is used, it implies that something else also falls within that word which was behind its general organic meaning. This is, however, not the rule of thumb. It really depends on tie context in which it is used. 2002 CLC 388; PLD 2000 Lah. 602 and Dilworth v. Commissioner of Stamps 1899 AC 99 ref. (b) Civil Procedure Code (V of 1908)---.--- ---.----Ss. 37, 38, 39, 96 & O.XLI, R.35---.---Suit decreed in first appeal by High Court---.---Application for execution of such decree filed in High Court---.---Maintainability---.---Plea of decree-holder was that Trial Court had ceased to have pecuniary jurisdiction to execute such decree, which was executable by High Court---.---Validity---.---Appellate or Revisional Court was not covered by expression "court which passed a decree" as used in S.37, C.P.C.---.---Appellate or Revisional Court only corrects error committed by Trial Court, but decree passed in either case would remain to be that of Trial Court---.---Trial Court had power to execute such decree, which could not be executed by Appellate Court---.---If a court after passing decree lost territorial or pecuniary jurisdiction, then successor court in whom such jurisdiction vested could not entertain application for execution as court having passed decree had not lost jurisdiction to execute same---.---High Court under S.39(2), C.P.C. had power to send decree for execution to any subordinate court of competent jurisdiction---.---High Court sent execution application to trial Court in circumstances. Ardeshir Cowasjee v. Byram D. Avari and 4 others 1984 CLC 2494; Muhammad Asar Hussain v. Karachi Development Authority, Karachi and another 1999 CLC 1121; Mehreen Zaibun Nisa v. Land Commissioner, Multan and others PLD 1975 SC 397; Siraj Din and 3 others v. Sardar Khan and 2 others 1993 SCMR 745; Mayzone Pak. International v. Additional Secretary, Government of Pakistan 2002 CLC 388; Mst. Fehmida Begum v. Federation of Pakistan through Secretary, Federal Secretariat, Islamabad and 6 others PLD 2000 Lah. 602; Muhammad Hussian v. Messrs. Adamiee Sheikh Jeevanjee and another 2001 MLD…

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