Law: Civil Procedure Code (V of 1908)

Section: 15

(a) Civil Procedure Code (V of 1908)--- ----O. XLV, R. 15---Limitation Act (IX of 1908), S. 3 Art. 181---Execution---Objection petition---Limitation period, commencement of---Deeming clause---Appeal allowed by Supreme Court---Decree holders filed application for execution---Objections of Petitioners/ debtors thereagainst were dismissed by Civil Court, District Court and High Court contended that such applications could not be maintained as it had not been filed after getting authorization from High Court as required under O. XLV, R. 15 of Code of Civil Procedure, and that limitation was to commence from authorisation in terms of said Rule---Validity---While disposing of the earlier objection of petitioner, High Court had employed a deeming clause for validating the two applications from the date of its filing---Same had been ordered to be deemed to have been sent to the executing Court for execution under R. 15 of O. XLV of C.P.C.---When time could be relaxed (under S.14 of the Limitation Act, 1908) on the ground of pursuing a remedy before a wrong forum, then an action initiated before a competent Court of law but suffering from some technical defect might easily be considered to be proceedings valid for the purpose of counting the period of limitation---Irregularity could not come in the way of counting the period of limitation---Application for execution filed directly before civil Court could not be considered to be totally non est and non-considerable for the purpose of determining the question of limitation---Execution applications filed without compliance of the provision of O. XLV, R. 15, C.P.C. to be taken as sufficient for the purpose of bringing the pending proceedings within the prescribed period of limitation---Revision petition was dismissed accordingly. (b) Constitution of Pakistan--- ----Arts. 187 190---Judgment, implementation of---Execution---Deeming clause---Scope---High Court under Art.187 of the Constitution was duty bound and it was the duty of executing Court under Art. 190 of the Constitution to ensure implementation of of Supreme Court---Deeming clause had been introduced with the aim to consider filing of the applications for execution…

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