Law: Specific Relief Act, 1877

Section: 9,12

Law: Civil Procedure Code (V of 1908)

Section: 47,98

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 9 ,  12--Suit for possession through specific performance--Decreed--Execution proceedings--Objection petition and application for cancellation of sale-deed--Both petitions were dismissed--Consenting written statement by Respondent No. 2--Petitions were accepted without framing of issue and recording of evidence--Non-providing opportunity of hearing--Executing Court got executed sale deed in favour of petitioner and possession of decretal property was also transferred to him and RapatRoznamchaWaqiati No. 117 dated 07.11.2014 was incorporated--Executing Court without framing of issues and recording of evidence accepted both petitions i.e. objection petition and an application for setting aside of registered sale deed and dismissed execution petition and also set aside sale deed--It was incumbent upon Executing Court to frame necessary issues to have recourse to evidence to resolve factual controversy between parties but Presiding Officer, instead of making an investigation or inquiry into assertions made by Respondent No. 1, summarily accepted same on extraneous consideration and personal assumptions--It is duty of Court to ensure safe administration of justice keeping in view substantial right of parties--With acceptance of objection petition an order of final nature has been passed qua petitioner without providing a fair opportunity of hearing violative to fundamental right of fair trial and due process protected under Article 10-A of Constitution of Islamic Republic of Pakistan, 1973. Ref. 2015 CLC 987. Civil Procedure Code, 1908 (V of 1908)-- ----S. 47--Object of--Powers of executing Court--Requirement of--Object of this section is to provide remedy to parties in matters arising out of an execution of a decree--This section empowers Executing Court to determine questions relating to execution, discharge or satisfaction of a decree and it barred a separate suit--Pleas of parties are to be ascertained and adjudicated upon by framing of issues and recording of evidence to substantial justice.  Words and Phrases-- ----Execution--The word “execution” means to carry out and perform and it derived from word…

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