Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XX, R.14 Ss.38 & 47----Judgment and decree in pre-emption suit---Execution---Limitation and rules as to execution---Decree-holder under pre-emption decree---Rights and status---Objection petition under S. 47, C.P.C.---Maintainability--- Petitioner filed application under Ss. 38 & 47, C.P.C. challenging mutation on ground that revenue authorities had illegally sanctioned the mutation under and decree passed in suit for pre-emption, which had already become in-executable due to afflux of time and for which no formal execution had ever been filed---Both trial court and appellate court dismissed the application on ground of non-maintainability--- Validity--- Decree-holder in suit for pre-emption on deposit of decretal amount, in term of O. XX, R. 14, C.P.C., became absolute owner of suit property, and such ownership would remain operative and intact even if such decree was not put to execution---Revenue officer was under statutory duty to implement such decree in revenue record even if execution petition had become time-barred---Sanction of mutation could be made on basis of pre-emption decree without resorting to execution proceedings---Executing court in such matters would only be involved in case -debtor had failed to deliver possession of land in pursuance to such decree, and in such case, executing court would be required to deliver possession by issuance of warrant of possession---Pendency of application for execution of decree was not sine qua non for filing objection petition under S. 47, C.P.C.---Judgment and decree of appellate court was set aside and case was remanded to appellate court for fresh decision---Revision was allowed in circumstance. Mirza Akbar Ali v. National Bank of Pakistan 1986 SCMR 321; Riaz Hussain and others v. Muhammad Akbar and others 2003 SCMR 181; Ali Ahmad and another v. Muhammad Fazal and another 1972 SCMR 322; Shahra and others v. Member, Board of Revenue, Punjab and others 2004 SCMR 117; Sher Muhammad through Legal Heirs v. Member (Judicial-1) Board of Revenue and 4 others 2010 MLD 187 and Munshi Muhammad through L.Rs. and others v. District Officer (Revenue), Gujranwala and 2…

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