| Citation(s) |
|---|
| 2015 SLG 2681 2015 SLD 2681 = 2015 CLC 1568 = 2012 CLC 1088 |
Islamabad High Court
C.R. No. 1192 of 2010, decided on 17th June, 2015.
ATHAR MINALLAH, J
Date of hearing: 13.03.2015. Petitioner by: Mr Mehboob Alam, Advocate.
Respondents by:- Raja Abdul Qayyum and Imran Hassan, Advocates
C.R. No. 1192 of 2010, decided on 17th June, 2015.
ATHAR MINALLAH, J
Date of hearing: 13.03.2015. Petitioner by: Mr Mehboob Alam, Advocate.
Respondents by:- Raja Abdul Qayyum and Imran Hassan, Advocates
Mian MUHAMMAD AJMAL
VS
Syed NAZAR HUSSAIN SHAH BUKHARI and others
Law:
Section:
Head Notes: Scope of jurisdiction of a Court under section 115 of CPC explained---Whether a Court can go beyond the decree---the remedy in a case where the decree does not reflect the terms of settlement or is not inconformity with the judgment. Sale agreement with deceased --- Specific relief was claimed --- Compromise entered --- petitioner filed objection petition on execution proceedings --- Objection Petition dismissed --- Against this petitioner filed appeal later on dismissed--- on revision, petition was decided though Supreme Court remanded case back to this Court for decision afresh --- Objection from petitioner that decree never contained essential features of agreement --- Respondents stressed that Executing court cannot go beyond the decree as the scope of section 47 of CPC limits the powers of executing court--- Also scope of the jurisdiction of this court under section 115 of CPC is limited according to contentions of the respondents --- Observations, interpretation of section 115 of CPC reliance on PLD 1983 SC 53 --- Unless the case was not covered under section 115 of CPC and the High Court was satisfied in this regard, then in such a case no power could be exercised to interfere simply because it differs, however profoundly, with the conclusions of the subordinate Court regarding questions of law and facts. Principles laid down by Apex Court while interpreting section 115 --- Also reliance on PLD 2015 SC 137 --- Once the case is covered under section 115 of CPC, then approaching the Court for the redressal of a grievance is not a mere privilege but a valuable right of an aggrieved party --- Hled, this Court has no unfettered poers under section 115 of the CPC --- Section 47 + Order XXI of CPC governs the powers and procedure for execution of decrees and orders --- What if decree does not contain the contents of agreements--- Reliance on PLD 1963 SC 265 --- August Supreme Court observed that two remedies were available concurrently i.e filing a subsequent suit, provided the subject matter of the previous suit was different and distint, or to amend the decree under section 152 and also that the remedy under the said section could also be provided…