Law: Civil Procedure Code (V of 1908)

Section: 152,33,2(2)(9),6,7

(a) Civil Procedure Code (V of 1908)--- ----Ss. 152, 33, 2(2)(9) & O. XX, Rr. 6 & 7---Amendment in the decree---Limitation---Suit was decreed by the Trial Court and plaintiff was declared as owner of suit property and impugned mutation was set aside---Defendant filed appeal against the and decree of Trial Court---Appellate Court modified and decree of Trial Court and granted relief of possession of suit property in favour of plaintiff but while preparing decree sheet the portion of relief of possession was not included therein---High Court dismissed revision petition against the and decree of Appellate Court and same was upheld by the Supreme Court---Plaintiff thereafter moved application for correction of decree sheet before the Appellate Court which was accepted and relief of possession of suit property was included therein---Validity---Decree sheet was to be prepared in accordance with the ---Court was bound to draw decree sheet in conformity with the ---Appellate Court while drawing decree sheet had not exercised jurisdiction vested in it in circumstances---Only decree was executable not the ---Decree sheet drawn by the Appellate Court did not depict the matter in the terms actually decided by the said Court and same was not executable---Decree-holder was not at fault rather Appellate Court had not prepared decree sheet properly---Parties should not suffer due to act or omission of the Court---Where injustice had been caused due to act or omission of the Court then Court was required to remedy the said defect---Court was empowered under S.152, C.P.C. to correct decree in circumstances---Power under S.152, C.P.C. could be exercised by the Court at any stage on the application of any party as well as on its own motion unless decree had been set aside or varied---Rules of limitation were not applicable to acts which the Court could perform by exercising its suo motu powers---Relief of possession of suit property provided in the of Appellate Court had not been set aside or modified therefore, Appellate Court was justified to correct the decree sheet---Appeal was dismissed, in circumstances. Shahida Bibi and others v. Habib Bank Limited and others PLD 2016 SC…

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