Law: Civil Procedure Code (V of 1908)

Section: 47,23-A

(a) Civil Procedure Code (V of 1908)--- ----S. 47 O.XXI, R. 23-A---Execution---Objection petition---Scope---Reference petition of respondents/decree holders was accepted by referee/Trial Court---Case remanded by High Court was again accepted by Trial Court---Appellant’s previous appeals were dismissed being time barred---Execution petition was objected by the appellants---Executing Court directed the judgement debtor to deposit decretal amount---Validity---Objections as to the non-executability of decree related to execution of decree and court would be clearly barred from considering the same under the provisions of R. 23A, O. XXI, C.P.C. unless the judgement debtor deposited the decretal amount in the court or furnished the security for its payment---Impugned order passed by executing Court was just, proper and within the four corners of law---Appeal being not maintainable was dismissed accordingly. (b) Civil Procedure Code (V of 1908)--- ----S.47 O. XXI, R. 23-A---Execution---Objection petition---Scope---Section 47, C.P.C. barred separate suit where question was within the scope of the section that a court was barred from considering such objections, unless debtor makes compliance of R. 23A of O. XXI, Civil Procedure Code, 1908 by depositing the decretal amount in Court or furnishes security for its payment. (c) Civil Procedure Code (V of 1908)--- ----O. XXI, R. 23-A---Object of R.23-A of O.XXI, Civil Procedure Code, 1908 was to prevent/preclude delays in expeditious disposal of the executions of decrees caused by baseless petitions. JUDGMENT RAJA SHAKEEL AHMAD, J.---The instant civil 1st appeal is directed against the judgment/order (hereinafter called impugned judgment) dated 17/10/2019, passed by the learned District Judge/ Executing Court Gilgit in Ex. Petition No. 04/2019, wherein the learned Judge directed the appellants to deposit the decretal amount in view of Order XXI, Rule 23-A, C.P.C. 2. Initially, the respondents/ petitioners/Decree Holders filed a reference petition under Section 18 Land Acquisition Act before the District/ Referee Judge for disposal on merits. The Referee Judge Gilgit accepted the petition/ reference in favour of respondent/…

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