Case Details

Citation(s)
2017 SLG 2408 2017 SLD 2408 2017 YLR 1463
Lahore High Court
Writ Petitions Nos. 18653 and 18654 of 2016, decision Dated: 4-1-2017.
MUDASSIR KHALID ABBASI, JUSTICE
Rana Asif Saeed for Petitioners.

BANK OF PUNJAB THROUGH CHIEF EXECUTIVE/CHAIRMAN AND 2 OTHERS

VS

ADDITIONAL DISTRICT JUDGE, LAYYAH AND 2 OTHERS

Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.47---Execution petition---Limitation---Petitioners were aggrieved of orders passed by Executing Court whereby their objections were dismissed---Validity---Both decrees were passed on 12-11-2011 by Trial Court and appeals were dismissed on 26-10-2015, by Lower Appellate Court and in-between decrees remained suspended---Execution petitions were filed by decree holders on 27-2-2016 and period between dismissed of appeals by Lower Appellate Court and filing of execution petitions was around four months---Execution petitions were within time for the purposes of filing---High Court declined to interfere in orders passed by two Courts below---Constitutional petition was dismissed in circumstances. Pakistan Burma Shell Company Now/Shell Pakistan Ltd. through Legal Advisor/General Attorney Shell Pakistan Shell, Karachi v. Messrs Nawaz and Sons through Proprietor and another 2016 MLD 1779 distinguished. Manzoor Ellahi Qureshi through Legal Heirs v. Muhammad Bilal Abbas and 2 others 2012 CLC 1227; Mahboob Khan v. Hassan Khan Durrani PLD 1990 SC 778; Bakhtiar Ahmed v. Mst. Shamim Aktar and others 2013 SCMR 5 and 2003 SCMR 436 rel. THIS ORDER PASSED BY: MUDASSIR KHALID ABBASI, JUSTICE:---.--- This single order will dispose of Writ Petitions Nos.18653 of 2016 and 18654 of 2016, involving common questions of law and facts. 2. Through these constitutional petitions, petitioners have challenged the legality of orders dated 16.09.2016 passed by respondent No. 2 whereby objection petitions filed by petitioners were dismissed and judgments dated 28.11.2016 whereby appeals filed by petitioners against the said orders, were also dismissed. 3. Precise summary of the case is that in two separate suits for recovery filed by respondent No. 3 in both the petitions, learned trial court passed a decree amounting to Rs.14,80,000/- and Rs.1,60,000/- in their favour respectively. Execution petitions were filed before respondent No. 2/executing court, on 27.02.2016. Petitioners filed objection petitions against the same, inter alia on the grounds that these are hopelessly time barred and proper parties have not been impleaded. Respondent No. 3 (in both…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492