Law: Civil Procedure Code (V of 1908)

Section: 47

Law: Limitation Act, 1908

Section: 181

Civil Procedure Code (V of 1908)-- ----S. 47---Limitation Act (IX of 1908), Art. 181---Suit for specific performance of contract---Appeal---Withdrawal of---Execution petition---Objection petition---Limitation---Commencement of---Suit was decreed against which appeal was filed which was withdrawn---Execution petition was moved wherein an objection petition was filed on the ground of limitation---Executing Court dismissed objection petition but Appellate Court accepted the same---Validity---Appeal was filed but operation of of Court below was not suspended---Limitation would commence from the date of decree unless it was suspended or its execution was kept in abeyance---Decree-holder could file first execution petition within three years from the date of decree---Period of three years had expired---Present execution petition had been filed after nine years from the date of passing of the decree which was barred by time---Appeal had been allowed to be withdrawn without any modification or alteration in the passed by the Court below---Judgment of Court below would not merge into the order of Appellate Court, in circumstances---Decree-holder should have filed execution petition within three years from the date of decree of Court below and not from the order of Appellate Court---Appellate Court had rightly set aside the order of Executing Court and dismissed the execution petition being time barred---No error of law or mis-reading of record had been pointed out in the impugned order passed by the Appellate Court---Revision was dismissed in, circumstances. Ghulam Mehdi and 4 others v. Mst. Bhaghan and 4 others PLD 1989 Lah. 311; Bakhtiar Ahmad v. Mst. Shamim Ahktar and others 2013 SCMR 5; Sahabzadi Maharunisa and another v. Mst. Ghulam Sughran and another PLD 2016 SC 358 and Haji Rehmdil v. The Province of Balochistan and another 1999 SCMR 1060 rel. ORDER RASAAL HASAN SYED, J.s in this civil revision have challenged order dated 11.10.2018 of the learned Additional District Judge, Vehari whereby objection to the execution was allowed and in consequence the execution petition was dismissed. 2. Petitioners' predecessor filed a suit for specific performance on the basis…

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