Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S.47 & O.XXI, Rr.100, 103---Transfer of Property Act (IV of 1882), Ss.41 & 52---Constitution of Pakistan, Art. 10-A---Execution of decree in suit for specific performance of sale agreement---Right to fair trial---Objection petition---Objector's plea was that his sale agreement was earlier in time and he was in possession of suit-land in part performance thereof and his suit for its specific performance was pending, when decree-holder in collusion with vendor on basis of forged sale agreement got such decree and possession of suit-land in its execution---Dismissal of objection petition by Executing Court---Validity---Decree-holder in his written statement filed in objector's suit for specific performance had not disclosed sale agreement in his favour by vendor---Objector had alleged his dispossession by Executing Court to be without notice to him---Executing Court was legally obliged to have framed an issue on question of possession and record evidence of parties to resolve same---Objection petition being akin to suit, thus, separate suit regarding same matter would be barred under O.XXI, R. 100 & 103, C.P.C.---Executing Court had illegally dismissed objection petition while observing that objector was not party to suit wherein decree under execution had been passed---Doctrine of lis pendens would protect objector's rights---Objector after dismissal of his objection petition had been left with no remedy and forum---Executing Court by dismissing objection petition without providing a fair opportunity of hearing to objector had violated his fundamental right protected under Art. 10-A of the Constitution---High Court set aside impugned order and directed Executing Court to decide objection petition afresh after framing necessary issues and recording evidence of parties. (b) Civil Procedure Code (V of 1908)--- ----S. 47---Objection petition against execution of decree---Duty of Executing Court---Scope---Duty of court would be to ensure safe administration of justice while keeping in view substantial rights of parties---Pleas raised in objection petition could be decided only after framing of issues and…

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