Law: Civil Procedure Code (V of 1908)

Section: 47

(a) Civil Procedure Code (V of 1908)--S.47---Executing Court, power of---Scope being guardian of minors/respondents sold the property/house of deceased father of the respondents---Trial Court revoked guardianship and directed the petitioner to deposit the share of the minors in Court against the sale consideration---Decree was upheld by District Court and High Court contended in objection petition that share of the minors was not properly determined---Held, that issue had already been determined in the earlier round of litigation up to High Court---Re-agitating the matter through objection petition was obviously mala fide---Executing Court had no mandate to re-adjudicate upon the legality and proprietary of a decree for which the objector had other avenues---Revision petition was dismissed with cost of Rs.50,000/- to be recovered by executing Court. Saifee Development Corporation Ltd., Karachi v. M.A. Karim PLD 1968 Lah. 144 ref. (b) Civil Procedure Code (V of 1908)--S.47---Execution proceeding---Jurisdiction---Objection petition, ground of---Scope---Executing Court had no mandate to go beyond the decree---Once rights of the parties were settled by Trial Court and later affirmed by the appellate/further fora, then objection petition during the execution proceedings on the same ground is not only misconceived but should be summarily dismissed, enabling the decree holder to reap the fruits of their decree. Topanmal Chhotamal v. Ms. Kundomal Gangaram and other AIR 1960 SC 388 and FazalIlahi and another AIR 1935 Lah. 549 ref. JUDGMENT: SYED ARSHAD ALI, JUSTICE:---.--- One of the greatest sins in Islam is to usurp the property of an orphan. Indeed, it is such a grievous sin that the punishment of which is fixed by Almighty Allah to be the fire of hell. The Holy Qur’an says “As for” those who swallow the property of the orphans unjustly, surely they only swallow fire into their bellies and they shall enter burning fire.” (Surah an-Nisa 4:10). 2. In the said Surah it is further the command of Almighty Allah, “and give to the orphans their property, and do not substitute worthless (things) for (their) good (ones) and do not devour their property (as an addition) to…

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