Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.34,O.XXII,R.12,3,4,8,S.50(1)(2)

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.34,O.XXII,R.12,3,4,8,S.50(1)(2)

Law: Limitation Act, 1908

Section: 181

Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), S.52, O.XXI, R.34 & O.XXII, R.12---Constitution of Pakistan, Art.199---Constitutional petition---Execution of decree---Judgment-debtors, death of---Act of Court---Decree for specific performance of agreement to sell was passed in favour of predecessor-in-interest of respondent and execution of the decree was allowed by Executing Court vide order dated 12-9-1985---Only obligation on decree-holder, in order to get sale-deed executed in his favour was deposit of balance sale consideration, which he deposited on 20-5-1986---Sale-deed was executed on 10-3-2007, in favour of respondent through Court official---Petitioners who were legal heirs of deceased -debtors raised the plea that execution of decree was barred by limitation---Validity---After deposit of balance sale consideration by decree-holder on 20-5-1986, nothing was to be done on the part of decree-holder---Official of Court was to execute sale-deed in favour of decree-holder---Delay in execution of sale-deed could only be attributed to -debtors and after their death to their legal heirs or to official of Trial Court---After deposit of balance sale consideration there was no need for decree-holders to move separate application to seek registration of sale-deed---Act of Court should prejudice no one and decree-holders or their legal representatives could not be denied fruits of decree merely because of the default of -debtors to discharge their obligation under the decree or of the official of Trial Court---Not necessary that upon death of -debtors during pendency of execution proceedings, legal representatives should be made a party---Decree could be executed without impleading legal representatives of -debtors unless decree-holder could not get his decree satisfied without obtaining an order against legal representatives of deceased -debtors for its execution---Sale-deed had been executed in favour of respondent, there was nothing left in the case---High Court declined to interfere in execution of sale-deed---Petition was dismissed in circumstances. 2011 CLC 731; 2001 SCMR 1; 2004 CLC 1482; PLD 1974 BJ 25; PLD 1975 Lah.…

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