Law:

Section:

(a) Civil Procedure Code (V of 1908)---S. 48---Limitation Act (IX of 1908), Art. 181---Constitution of Pakistan, Art. 185(3)---Execution of decree, application for---Limitation period---Scope---Limitation for filing execution application to commence from date of accrual of right---Partial decree was passed in favour of plaintiff (petitioner) by the High Court on 17-3-2003---Defendant (respondent) filed petition for leave to appeal before the Supreme Court, which was dismissed on 31-3-2005 and leave was refused---Execution petition was filed by plaintiff on 3-12-2007 but it was dismissed by the Executing Court being time barred---First Appellate Court and High Court upheld order of Executing Court and dismissed appeals filed by plaintiff---Contention of plaintiff was that after dismissal of defendant's petition for leave to appeal, he filed execution petition within the allowed time of three years, and that under Ss.47 & 48(2), C.P.C. execution petition could be filed within six years---Validity---Defendant's petition for leave to appeal was dismissed on 31-3-2005 and no stay was granted by the Supreme Court---Plaintiff could have filed execution petition within three years w.e.f. 17-3-2003, the date of of the High Court which had attained finality---Under Art.181 of the Limitation Act, 1908, period of limitation of three years for filing of execution application would commence from the date of accrual of right, which, in the present case, was 17-3-2003 when partial decree was passed by the High Court---Mere pendency of civil petition for leave to appeal before the Supreme Court was not a ground for enlarging the period of filing of execution petition as it was an admitted fact that no stay was granted by the Supreme Court---Decree of High Court attained finality on 17-3-2003 and plaintiff admittedly filed execution petition after one year, eight months and 17 days of the prescribed period of three years under the Limitation Act, 1908---First application for execution must be made within the period prescribed (three years) by the Limitation Act, 1908 and S.48, C.P.C. would only apply to any subsequent application for execution, therefore, said section had no…

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