Law: Civil Procedure Code (V of 1908)

Section: 82,O.XXI,R.43

Law: Land Acquisition Act, 1894

Section: 18

Civil Procedure Code (V of 1908)--- ----S. 82 & O. XXI, R. 43---Execution of decree passed against Government---Attachment of the official vehicles of the Provincial Government---Scope---Respondents filed execution petition wherein Executing Court directed the Superintendent of Police to attach official vehicles of the Provincial Government---Plea of Provincial Government was that Executing Court had not reported the case for the orders of the Provincial Government as required under S. 82, C.P.C. before passing the order---Validity---Held, that after registration of execution petition Executing Court had issued summons to the appellants---District Attorney and Legal Advisor had appeared before the Executing Court on behalf of departments and stated that they will file objections on the next date which was not done---Many opportunities were afforded to the departments by the Executing Court with directions either to file objections or satisfy the decree but departments failed to comply with the directions---Executing Court was left with no option but to attach the official vehicles which were at the disposal of the departments---Provincial Government was not party to the execution petition and even otherwise District Attorney and Legal Advisor had been appearing on behalf of departments and had conveyed the departments regarding institution of execution petition in the Executing Court---Executing Court had directed appellants to pay the decretal amount available in the account of Collector; a copy of said order was forwarded to the Secretary and other relevant authorities---No notice under S. 82, C.P.C. was required to be issued to the Provincial Government as Provincial Government was not party to the execution petition---Appeal, being without any substance, was dismissed. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- This civil 1st appeal is directed against the impugned order/judgment dated 10.07.2018 passed by the learned Referee Judge/District Judge Astore in execution Petition No. 1/2017 whereby the learned executing court has directed S.P. Astore to attach the official vehicles of judgment debtors/respondents. 2. Succinctly facts of the case giving rise…

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