Law: Civil Procedure Code (V of 1908)

Section: 47

(a) Civil Procedure Code (V of 1908)-------S. 47---Decree not challenged---Objection petition, filing of---Scope---Objection application filed by Judgment-debtor (defendant) was dismissed, which order was maintained by the District Court---Validity---Admittedly, petitioner / defendant and respondents were party in the main suit---Petitioner being defendant (No.2) filed written statement, however, his right to produce evidence was later closed, and finally judgment and decree was passed by the Civil Court---Said judgment and decree was not challenged by the petitioner through an appeal thus the same had attained the status of finality and had become past and closed transaction---No illegality, material irregularity or jurisdictional defect been noticed in the impugned order and judgment passed by the Courts below---Constitutional petition, filed by objection applicant, was dismissed in limine, in circumstances.Pakistan International Airlines Corporation v. Aziz-ur-Rehman Chaudhary and another 2016 SCMR 14 ref.(b) Civil Procedure Code (V of 1908)-------S. 47---Decree attaining finality---Executing Court, powers of---Objection petition---Scope---Judgment-debtor (defendant/Labour Department) filed constitutional petition as objection Application filed by it was dismissed, which order was maintained by the District Court---Contention of the petitioner (objection applicant / Labour Department) was that according to Labour Department Policy, the suit-property was not transferable---Validity---Petitioner did not challenge the vires of judgment and decree which were still intact and filing of objection application by the petitioner amounted to seeking review of judgment and decree regarding which the executing court had no jurisdiction to annul set aside/modify the judgment and decree---Executing Court cannot go behind the decree rather it is duty bound to execute the decree in letter and spirit---No illegality, material irregularity or jurisdictional defect had been noticed in the impugned order and judgment passed by the courts below---Constitutional petition, filed by objection applicant,was dismissed in liminebeing devoid of any force.Syed Riaz Ahmad Shan and…

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