| Citation(s) |
|---|
| 2025 SLG 4770 2025 SLD 4770 = 2025 LHC 6322 = 2026 YLR 779 |
Lahore High Court
C.R. No.665 of 2022
PRESENT; (RASAAL HASAN SYED) JUDGE
28.10.2025 Mr. Saghir Ahmad Bhatti, Advocate for petitioners. Syed Riaz Ul Hassan Gillani, Advocate for respondents.
C.R. No.665 of 2022
PRESENT; (RASAAL HASAN SYED) JUDGE
28.10.2025 Mr. Saghir Ahmad Bhatti, Advocate for petitioners. Syed Riaz Ul Hassan Gillani, Advocate for respondents.
Rasheeda Bibi (deceased) through L.Rs
VERSUS
Arif Ali and others
Law: Limitation Act, 1908
Section: 48
SUMMARY OF THE CASE (Civil Revision – Execution of Decree for Specific Performance)
Case Background
- Respondent No.1 (plaintiff) filed a suit for specific performance of an agreement to sell dated 04.03.2008 against Rasheeda Bibi (now deceased).
- The suit was decreed on 10.12.2012, holding:
- The agreement to sell was proved.
- Plaintiff had already paid Rs. 100,000 as earnest money.
- Plaintiff was already in possession of the property.
- Plaintiff was entitled to specific performance subject to deposit of remaining sale consideration.
The petitioner’s appeal was:
- Dismissed for non-prosecution on 07.04.2016.
- Restoration application dismissed on 01.03.2017.
- Respondent filed execution petition on 28.02.2020.
- Petitioners filed objections claiming execution was barred by limitation.
Both:
- Civil Judge (23.10.2021) and
- Additional District Judge (18.04.2022)
dismissed their objections. - Petitioners filed this civil revision, which has now been dismissed.
📌 Key Legal Issues
1. Whether the execution petition was barred by limitation?
Petitioners argued that execution beyond 3 years (Art. 181 Limitation Act) was time-barred.