| Citation(s) |
|---|
| 2022 SLG 1140 2022 SLD 1140 2022 SCMR 958 |
Supreme Court of Pakistan
Civil Petition No. 1540 of 2018, decision dated: 11th February, 2022, date of hearing: 11th February, 2022. (On appeal from the order of the Lahore High Court, Lahore dated 12.03.2018 passed in W.P. No. 10068 of 2012)
SARDAR TARIQ MASOOD, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Khalid Ishaq, Advocate Supreme Court and Syed Rifaqat Hussan Shah, Advocate-on-Record for Petitioners. Agha Muhammad Ali, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for
Respondents Nos. 3, 5, 6, 10, 11, 13 to 17.
Civil Petition No. 1540 of 2018, decision dated: 11th February, 2022, date of hearing: 11th February, 2022. (On appeal from the order of the Lahore High Court, Lahore dated 12.03.2018 passed in W.P. No. 10068 of 2012)
SARDAR TARIQ MASOOD, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Khalid Ishaq, Advocate Supreme Court and Syed Rifaqat Hussan Shah, Advocate-on-Record for Petitioners. Agha Muhammad Ali, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for
Respondents Nos. 3, 5, 6, 10, 11, 13 to 17.
MUHAMMAD ARIF CHATTHA AND OTHErs
VS
ADDITIONAL DISTRICT JUDGE, GUJRANWALA AND OTHERS
Law: Civil Procedure Code (V of 1908)
Section: 48,14
Law: Limitation Act, 1908
Section: 181
(a) Civil Procedure Code (V of 1908)--- ----S. 48---Second execution application/petition, filing of---Limitation period, commencement of---If a decree, sought to be executed, is conditional, specifying the date for performance of certain act(s), the period for execution of the same shall be reckoned from the date of default of performance of the act(s), mentioned in the decree, instead of counting from the date of passing of the decree---In other cases, second application/petition shall be filed within the period prescribed by section 48 of the C.P.C., which period shall be counted from the date of the decree. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R. 14---Limitation Act (IX of 1908), First Sched., Art.181---Decree in pre-emption suit---Execution application/petition, filing of---Limitation period, commencement of---Principles relating to commencement of limitation period for filing an execution application/ petition in respect of a decree in a pre-emption suit stated. The provision of Order XX, Rule 14 of the C.P.C. are mandatory in nature. The decree for pre-emption is a conditional decree, wherein, the plaintiff/decree holder has to fulfill two conditions; he has to deposit in Court (i) the purchase-money together with the cost, if any, decreed against him and (ii) the deposit must be made on or before the date fixed by the Court. This provision of the C.P.C. contains a penal consequence of dismissal of the suit, in case the plaintiff/decree holder fails to make payment of the purchase-money in Court on or before the date fixed in the decree. Once, the plaintiff/decree holder performs his part of obligation as per the directions contained in the decree, then he automatically becomes owner of the property, as such, he becomes entitled for possession. At the same time, the concerned revenue authorities are bound to implement the decree for the purpose of record of right, without an order from an Executing Court. However, in case the authorities concerned fail to do the needful, then the decree holder can file an application for execution of the decree. In such circumstances, the time for the purpose of limitation would be reckoned from the date of…
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