Law:

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Limitation Act (IX of 1908)--- ---Art. 181---Civil Procedure Code (V of 1908) Ss. 47 & 48---Suit for recovery---Execution of decree---Limitation---Suit was decreed on 21-4-2003, and revision against said decree was dismissed on 5-7-2006 and execution petition was filed on 15-5-2007---Contention of the defendant/ -debtor was that execution petition was filed after more than three years of the decree of the Trial Court and was therefore, time-barred---Validity----First application for execution of a decree was governed by the residuary Art. 181 of the Limitation Act, 1908 which provided for a three years period of limitation and for follow up applications, S. 48 of the C.P.C. would come to the force, which provided a six years period of limitation---As per rule of merger, decree of Trial Court would merge into that of the Appellate Court and also into the decree passed in exercise of revisional jurisdiction---After affirmation of a decree of Trial Court, in appeal, the decree in field would only be that of the Appellate Court---Decree of Trial Court, in the present case, merged into that of the Appellate Court and for that reason, the execution petition filed by the plaintiff was within time---Constitutional petition was dismissed. PLD 1990 SC 778 and 1996 SCMR 759 distinguished. Maulvi Abdul Qayum v. Syed Asghar Ali Shah and 5 others 1992 SCMR 241 rel. JUDGMENT QAISER RASHID KHAN, J.---The petitioner has called in question the judgments and orders of both the courts below, vide which they dismissed the application of petitioner for rejection/ dismissal of the execution petition of the respondent No.1 being time-barred. 2. Facts leading to the instant petition are that the respondent No.1 had filed a recovery suit for a sum of Rs.25,000 against the petitioner and respondents Nos.2 and 3, which was decreed on 21-4-2003 and was upheld upto this court. Finally on 15-5-2007, the respondent No.1/decree holder filed an execution petition before the learned executing court. The petitioner/ judgment-debtor submitted, an application under Order VII Rule 11, C.P.C. before the learned executing court to the effect that execution petition filed by the respondent No.1 was…

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