Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss. 47 & 104---Punjab Civil Courts Ordinance (II of 1962), S.18 [as amended by S.6 of Punjab Civil Courts (Amendment) Act, (XXXVIII of 2016]---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Conversion of proceedings---Alternate and efficacious remedy---Petitioner was aggrieved of order passed under S.47, C.P.C. and instead of availing remedy of appeal, invoked Constitutional jurisdiction of High Court---Plea raised by petitioner was that non-filing of appeal was not fatal as order in question was illegal and was passed without any lawful authority---Appeal lay in the matter under the provisions of S.104(1)(ff), C.P.C. and petitioner failed to prove that the same was neither efficacious nor speedy---High Court directed the office to convert Constitutional petition into appeal as the same had been filed within the period of limitation and remit the appeal to concerned Court for decision---Constitutional petition was disposed of accordingly. Mehboob Alam v. Federation of Pakistan through Secretary Finance and 2 others 2003 CLC 1705; Precision Engineering Ltd. and others v. The Grays Leasing Limited PLD 2000 Lah. 290; Pakistan through Military Estates Officer, Military Estate Office, Rawalpindi v. Abdul Aziz and another 2001 CLC 1086 and Abdul Basit Zahid v. Modaraba Al-Tijarah through Chief Executive and 2 others PLD 2000 Kar. 322 ref. THIS ORDER PASSED BY: MAMOON RASHID SHEIKH, JUSTICE:---.--- Through the instant petition the petitioner has called into question the order dated 04.02.2016 passed by the learned executing Court (respondent No. 2); in the petition filed by respondent No. 1 for execution of the judgment and decree, dated 26.11.2011, passed by the Civil Judge 1st Class, Okara, for recovery of Rs.7,361,219/- plus profit at the rate of 10% per annum from the date of decree till realization; whereby upon the petitioner's failure to pay the decretal amount he was sent to prison for a period of one year. 2. The petitioner has challenged the order dated 04.02.2016 inter alia on the grounds that before passing the order respondent No. 2 did not follow the mandatory provisions of law…

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