Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII---Suit for recovery of money---Genuineness of unregistered sale deed in respect of attached house could be thrashed out by Trial Court after producing pro and contra evidence and after appreciating the evidence so produced by the parties. (b) Civil Procedure Code (V of 1908)--- ----S. 47---Powers of executing court---Objection petition---Executing court had powers to ask for pro and contra evidence in respect of the objection petition. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---This regular first appeal has been directed against the judgment and order dated 13-4-2012 passed by the learned Additional District Judge-VI D.I. Khan, whereby the objection petition of Muhammad Ibrahim, respondent No.2, was accepted. 2. Briefly stated facts of the case leading towards the disposal of the instant appeal are that on 5-5-2010, the appellant, namely, Muhammad Shakir, filed a suit for the recovery of Rs.5,00,000 against Doctor Amanullah, respondent No.1 under Order XXXVII, C.P.C. which was decreed ex parte vide judgment and decree dated 12-11-2010. Thereafter, the appellant filed an execution petition, but the judgment debtor did not appear and thus his House No.C-1912 was attached by the learned Executing Court for a period of six months vide his order dated 29-7-2011. After passage of the aforesaid period of six months, the decree-holder/appellant again submitted an application for restoration of the execution petition and vide order dated 16-3-2012, the learned Additional District Judge-VI D.I.Khan sent the matter to…

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