Law: Civil Procedure Code (V of 1908)

Section: 47

Law: Capital Development Authority Ordinance, 1960

Section: 32

Civil Procedure Code (V of 1908)--- ----S.47---Capital Development Authority Ordinance (XXIII of 1960), S.32---Suit for specific performance of agreement to sell--- Objections to decree--- Executing Court, jurisdiction of--- During execution proceedings, Capital Development Authority raised an objection that decree was not executable as land in question had already been acquired--- Executing Court dismissed objection of Capital Development Authority on the ground that Executing Court could not go behind the decree--- Validity--- Executing Court could not go behind the decree was not an absolute principle / rule and was subject to exceptions--- All matters, arising out of and decree between parties to suit and relating to execution, discharge or satisfaction of decree were to be determined by the Court executing the decree under S.47 C.P.C.--- Land was acquired under S.32 of Capital Development Authority Ordinance, 1960 and vested with Capital Development Authority--- Defendants / respondents had no title in suit land so they could not have entered into any agreement with plaintiff / respondent nor could have made any statement regarding acceptance of suit--- High Court set aside order passed by Executing Court as and decree passed in favour of plaintiff / respondent was not executable--- Appeal was allowed, in circumstances. Muhammad Latif Khan v. Mst. Nayab Begum PLD 1968 Kar. 758; Fakir Abdullah and others v. Government of Sindh through Secretary to Government of Sindh, Revenue Department, Sindh Secretariat, Karachi and others PLD 2001 SC 131; Habib Bank Limited v. Mst. Parveen Qasim Jan and others 2014 SCMR 322 and Islamic Republic of Pakistan v. Muhammad Saeed PLD 1961 SC 192 rel. JUDGMENT AAMER FAROOQ J. No.1 filed a suit for specific performance and declaration against the appellant as well as respondents Nos.2 to 24 with respect to land measuring 111 kanal, 7 marla located in Khewat Nos.30, 31, 32, 36, 37, 55/165/166, 72, 79, 80, 95, 110, 290 and 291 Mouza Village Lunda Mastal, Tehsil and District Islamabad as well as land measuring 10 kanal 10 marla situated in Mouza Chehan, District Islamabad. The said suit was decreed in favour of plaintiff/respondent…

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