Law: Civil Procedure Code (V of 1908)

Section: 48

Law: Limitation Act, 1908

Section: 181

Civil Procedure Code (V of 1908)--- ----S. 48---Limitation Act (IX of 1908), Art. 181--- Execution petition---Limitation---Doctrine of merger---Scope---Execution petition filed by the petitioners was dismissed as being time barred---Validity---Suit filed by the petitioner culminated in dismissal at first instance, prompting the petitioner to file Civil Appeal, where judgment was entered in her favour with the impugned judgment and decree being set aside and suit was decreed as prayed---Appellate decree was then drawn up accordingly on 04.07.2011--- Respondent filed Civil Revision Application which was dismissed on 18.09.2018, without any interim order for stay or suspension of the Appellate decree having ever been made during pendency of the matter---In that backdrop the Execution Application came to be filed by the petitioner on 20.04.2019---Case of the petitioner turned on the assertion that the doctrine of merger extended to the proceedings of the revisional forum, and that as the Appellate Decree merged into the final order/judgment of the revisional Court, the period of limitation began to run from the date of disposal of the Revision Application---Held, that revision was dismissed on 18.09.2018 for non-prosecution and no order had been made during the proceedings for stay or suspension of the Appellate Decree---As such, the doctrine of merger sought to be relied upon by the petitioner would not apply---Petition was dismissed accordingly. Muhammad Nazir v. Qaiser Ali Khan 2003 SCMR 436; Muhammad Umar Gul v. Ikram Ullah Khan 1997 MLD 1917 and Bakhtiar Ahmed v. Mst. Shamim Akhtar and others 2013 SCMR 5 ref. Maulvi Abdul Qayyum v. Ali Asghar Shah 1992 SCMR 241; Balakanat v. Mst. Munni Dail AIR 1914 PC 65 and Sahabzadi Maharunisa and another v. Mst. Ghulam Sughran and another PLD 2016 SC 358 rel. ORDER YOUSUF ALI SAYEED, J.---The Petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution, impugning the Order dated 26.04.2021 made by the learned Additional District and Sessions Judge-XIIth/Model Civil Appellate Court, District South, Karachi, dismissing Civil Revision Application No.15/2021 that had been filed by her against the…

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