Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S.47---Suit for declaration---Civil service---Reinstatement order---Execution petition---Objection application---Execution petition was dismissed for non prosecution for restoration of which an application was moved wherein objection petition was submitted which was accepted by the Executing Court but same was dismissed by the Appellate Court---Validity---Decree holder had received all his dues/back benefits and nothing had been left outstanding against the debtor---Employee on appointment/re-appointment or reinstatement etc. was supposed to make or submit arrival report there and then---Employee-decree holder in response to his reinstatement order/decree reported his arrival after more than two years from the date of decree and after five months of the decision of appeal where decree was never suspended---Decree of the court was an order of reinstatement and there was no need for passing fresh order---Employee-decree holder was issued show cause notice on the omission and commission of misconduct and Inquiry Committee was constituted---Employee-decree holder remained absent wilfully and ex parte inquiry was conducted and order of dismissal from service was passed---Said dismissal order was never challenged before the competent forum and same was still in field---Execution petition of employee-decree holder was dismissed for non-prosecution---Employee-decree holder had again been dismissed from service and execution petition was dismissed as per law by the Executing Court---Appellate Court had illegally reversed the order of Executing Court by not appreciating the facts on record---Impugned order passed by the Appellate Court was set aside---Revision was accepted in circumstances. Habib Bank Limited v. Mst. Parveen Qasim Jan and others 2014 SCMR 322 rel. JUDGMENT WAQAR AHMAD SETH, J.--- Brief facts of the case are that the respondent instituted a suit for declaration to the effect that his removal/dismissal letter/order dated 27-5-1997 is wrong, illegal, against facts, based on mala fide, hence, liable to be cancelled. The petitioners appeared and contested the suit by filing…

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