Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 47 & O. XXI, Rr. 23-A, 24----Constitution of Pakistan, Art.10-A---Execution of decrees--- Question to be determined by Executing Court---Scope---Procedure for execution of decree---Objection to execution---Adjudication and disposal of objections by Executing Court---Scope---Decree-holder filed second execution petition before Executing Court and objection of -debtor against the same was dismissed by Executing Court---Contention of debtor was inter alia that decree-holder sought execution beyond the decree and the second execution petition was not competent---Held, that question with regard to maintainability of a second execution petition; applicability of the principle of res judicata and power of Executing Court to go beyond the decree were substantial questions of law and fact and could not therefore be decided in a summary manner---Executing Court was required to frame issues and thereafter decide the said questions in accordance with law---Non-framing of issues and not affording of opportunity to lead evidence in the given facts and circumstances was not only a violation of the principles of natural justice but also that of Art.10-A of the Constitution which guaranteed "fair trial" for determination of rights---High Court remanded the matter to Executing Court for fresh decision on the matter in accordance with law---Appeal was allowed, accordingly. JUDGMENT SHAHID WAHEED, J.--- In the case on hands, respondent No.1 filed a suit for declaration to the effect that the acquisition proceedings qua his alleged land were illegal with the consequential prayer that he was entitled to get damages of Rs.46800 as compensation. The present petitioner resisted the said suit on the ground that the land did not belong to the respondents Nos.1 and 2; that land was acquired from the Central Government for the construction of canal; and, that the land was barren and, therefore, there was no question of payment of any compensation. This suit was dismissed by the learned Trial Court vide judgment and decree dated 4-3-1997. The respondent No.2, feeling aggrieved, assailed the said judgment and decree through an appeal under…

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