| Citation(s) |
|---|
| 1994 SLG 1532 1994 SLD 1532 = 1994 PLD 22 |
F.A.O. No.31 of 1990, decided on 20th September, 1993.
Before Abdul Karim Khan Kundi, CJ
Hidyatullah Khan for Appellant. Syed Jamshaid Ali for
Respondents. Date of hearing: 20th September, 1993.
UNITED BANK LIMITED---Appellant
VERSUS
Syed JUMAAT ALI SHAH, and another---Respondents
Law: Civil Procedure Code (V of 1908)
Section: O. XXI, R.11
a) Civil Procedure Code (V of 1908)---
----O. XXI, R.11 & -S.48---Original application for execution of decree filed within limitation dismissed in default---Subsequent application for execution of decree---Limitation---Effect---Term "an application to execute a decree" as contained in S.48, Civil Procedure Code would refer to a substantive application or any other application whereupon proceedings in execution were commenced---Application referred to in S.48, C.P.C. would not refer to ancillary or incidental applications and, thus, any application made in continuation of or with reference-to application for execution of decree would not be hit by limitation if substantive application for execution of decree had been made within prescribed limitation---Original application for execution of decree having been made within time and dismissed for default, subsequent application moved for execution of same decree was the continuity of previous proceedings and subsequent application being ancillary one would not be hit by limitation.