Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Civil revision--Case was remanded to Executing Court with direction to frame additional issue and decide objection petition as well as execution petition--Assailed--Suit for possession was decreed on the basis of compromise applied for preparation of decree sheet which was later on dismissed for non-prosecution--Execution petition was time barred and a fresh decree sheet was got prepared by decree-holder by making mis-statement--Petition was time barred and a fresh decree sheet was got prepared by decree-holder by making mis-statement before Court and there was resettlement between the parties through which the decretal amount was returned to decree holder--Executing Court held an inquiry--Execution petition was rejected by Executing Court--First appellate Court remanded the case--Challenge to--Validity--Executing Court while rejecting execution petition did not give any observation regarding oral assertion of debtor and that order was not challenged in appeal nor cross objection in appeal--In presence of first decree sheet there was no need to get prepared the second one--Photo state copy of decree sheet was produced for showing that decree sheet was prepared earlier and decree holder filed a time barred execution petition by getting a fresh decree sheet which was obtained on basis of misstatement--Held: Executing Court cannot hold inquiry on a photo stat copy and cannot refuse to allow the execution petition validly filed on the basis of certified copy of decree sheet--Debtor could not produce any evidence regarding return of decretal amount to plaintiff--Further held: On basis of mere oral assertion of defendant the execution proceedings cannot be delayed further on basis of fake and ambiguous photo state of decree sheet. THIS ORDER PASSED BY: SYED ZULFIQAR ALI BOKHARI, JUSTICE---.--- This order shall dispose of Civil Revision Nos. 310-2009 and 229-2009 arising out ofthe same impugned judgment. 2. Through the above said civil revision petitions order dated 12.3.2009 passed by Addl. District Judge, Dera Ghazi Khan has been assailed by which he accepted appeal filed by Ahmad Khan petitioner of Civil Revision…

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