Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----Ss. 48 & 151--Financial Institutions (Recovery of Finances) Ordinance, 2001--Limitation Act, (IX of 1908), Art. 181--Dismissal of second execution application being barred by limitation--Limitation of six years for filing of any fresh execution application from date of decree or date of default in making payment as prescribed in decree or subsequent order of Court--Question of-Whether second execution application is barred by limitation or not--Validity--No order for execution of decree shall be made upon any fresh application presented after expiration of six years from date of decree sought to be executed--Provision of Section 48, CPC is clear and express in term and it will be fallacy to hold that six years limitation for fresh execution will be from date of dismissal of first execution application and not from date of decree--Second execution application was filed after five years from date of decree and question was whether Art. 181 of Limitation Act, will apply or fresh execution application will be governed under Section 48, CPC-Where decree or subsequent order direct any payment of money or delivery of any property to be made at a certain date or at recurring period, limitation of six years will run from date of default in making payment or delivery of property--No such direction was passed either in and decree or in subsequent orders passed by Court--Agreement was admittedly without intervention and approval of Court, therefore, default of payments under agreement will not amount to default of payments under decree or any subsequent order passed by Court--Provisions of Section 48(1)(b) are not applicable and period of limitation for filing second execution application was to be calculated from date of decree. Civil Procedure Code, 1908 (V of 1908)-- ----S. 48(2)(b)--Limitation Act, (IX of 1908), Art. 183--Original Civil Jurisdiction--Applicability of limitation--High Court jurisdiction under Ordinance is original civil jurisdiction and not ordinary original civil jurisdiction, therefore, provisions of Art. 183 of Limitation Act, and Section 48(2)(b), CPC are not attracted. Civil Procedure Code, 1908 (V…

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