| Citation(s) |
|---|
| 2025 SLG 3313 2025 SLD 3313 |
F.A.O No. 5-M of 2025
SABIT ULLAH KHAN, J.
Present: M/S Haq Nawaz, A.A.G and Rahimullah Chitrali, Asst. A.G for the appellants along with Mr. Nouman, Section Officer (Litigation) LG&RDD, in person. Nemo for the respondents, being in motion. Date of hearing: 19.02.2025
Government of Khyber Pakhtunkhwa through Secretary Local Government Elections & Rural Development Department, Peshawar and others
VS
Nasir Hayat and anothers
Law:
Section: 79, 80, 82, ORDER XXI Rule 115, 152
Summary
This case revolves around the execution of a court decree worth approximately Rs. 7 billion against the Provincial Government of Khyber Pakhtunkhwa. The Government tried to delay payment by invoking Section 82 of the Code of Civil Procedure (CPC), arguing that they were entitled to three months’ notice before execution. The Court held that Sections 79–82 CPC are procedural, not substantive rights, and must be invoked promptly. Since the original decree did not specify a time for satisfaction and the Government raised the Section 82 CPC objection at a late stage, the plea was rejected as a delaying tactic. The Court emphasized speedy compensation under the Land Acquisition Act, 1894 and dismissed the appeals, giving only one more month before coercive measures.
Sections/Provisions Used
Section 79 CPC – Suits by or against the Government