Law: Family Courts Act, 1964

Section: 5,13,17

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.17

(a) Family Courts Act (XXXV of 1964)--- ----S. 13---Civil Procedure Code (V of 1908), O. XXI, R. 17---Enforcement of decrees---Amendment in execution petition---Inherent powers---Lack of bona fide---Scope---Petitioner assailed orders of Family Court and Appellate Court whereby permission was granted to the respondent to implead minor as a decree-holder in the execution petition---Validity---Authority of executing court could not be undermined or narrowly construed to take away an inherent power/authority to allow amendment to remove a defect, sought to be removed within the prescribed period of limitation and without any prejudice to the petitioner; such authority was envisaged under R. 17 of O.XXI, C.P.C.---No embargo was placed on the executing court to allow amendment in the execution, as long as it caused no prejudice and the intended amendment did not travel beyond the decree---Intent and objective to deny fruits of decree to minor, who happened to be a daughter of the petitioner, was mischievous and lacking bona fides---No reason to exercise discretion when no prejudice was caused to the petitioner---Constitutional petition was dismissed. Abbasuddin Chowdhury v. Chandra Mohan Chowdhury and others PLD 1967 Dacca 512 and Popular Industries Commercial Agencies, Khairpur v. Khairpur Textile Mills Ltd. PLD 1972 Kar. 617 rel. (b) Family Courts Act (XXXV of 1964)--- ----Ss. 17, 13, 5 & Part I, Sched.---Civil Procedure Code (V of 1908), O. XXI---Provisions of Civil Procedure Code, 1908---Applicability---Jurisdiction of Family Court---Enforcement of decrees---Procedure---Scope---Exclusion of Civil Procedure Code, 1908 envisaged in section 17 of Family Courts Act, 1964 is not applicable to the execution proceedings--- Execution proceedings shall be regulated and proceeded with through O. XXI, C.P.C.---Exclusion is only meant for matters in respect of the Part I of the Schedule of Family Courts Act, 1964. THIS ORDER PASSED BY: ASIM HAFEEZ, J.--- Through this petition, the petitioner has impugned the orders dated 24.10.2018 and 14.12.2018, passed by the learned Judge Family Court/Executing Court - and the Additional District Judge Shujabad respectively, whereby…

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