Law: Civil Procedure Code (V of 1908)

Section: 144

  Civil Procedure Code (V of 1908). ---- S. 144 --- Limitation Act (IX of 1908), Arts. 181, 182 & 183 --- Restitution application in terms of S. 144, C. P.C. ---Limitation --- Provision of S. 144, C.P.C. postulates that objective underlying S. 144, C.P.C. is to redress the wrong and reinstate the wronged party to that pos'tion to which -it was entitled under varied decree of Court --- Execution of. decree being the fruit of litigation between parties application under S.144, C.P.C. would be with regard to enforcement of decree and was thus, one of the steps in execution of decree--Application for restitution being 'a step in execution was not governed by Art.181, Limitation Act, 1908 ---Decision of Appellate Court having been affirmed by Supreme Court, application for restitution lodged within one year from the decision of the apex Court was within time under Art.183, Limitation Act, 1908, which prescribes period of 6 years for such applications. Pakistan Industrial Development Corpordtion, Karachi v. Aziz Qureshi 1979 CLC 16 and AIR 1965 SC 1477 rel. Pakistan Industrial Development Corporation v. Aziz Qureshi PLD 1970 Kar. 142; F.A. Khan v. Government of Pakistan PLD 1964 SC 520; Nizam-ud-Din v. Muhammad Saeed 1993 CLC 2130; Kewal Ram v. Ram Lubhai AIR 1987 SC 1304; Mirza Khan v. Zar Bibi PLD 1958 (W.P.) Quetta 21; Abdul Qayyum v. Ali Asghar Shah 1992 SCMR 241; Ram Singh v. Dhayan Singh AIR 1944 Lah. 190; Chand Singh and others v. Bishen Singh AIR,1924 Lah. 166; Gujar Mal v. Narain Singh AIR 1926 Lah. 685; Telu v. Raja Ram and others AIR 1938 Lah. 456; Parmeshar Singh v. Sitladin AIR 1934 All. 626; Ram Kant v. Satya Narain AIR 1938 All. 552; Badruddin v. Mahyar Khan AIR 1939 AII.66; Ujagar Singh v. Likha Singh AIR 1941 All. 28; Somasundar Ram v. Chokkalinga AIR 1917 Mad. 185; Panchapakesa v. Natesa Pattar. AIR 1926 Mad. 813; Sudali Muthu Pillay v. Sudali Muthu Pillay AIR 1923 Mad. 270; Krishna Machari v. Chengalraya AIR 1940 Mad. 28 1; Ganpat Gatlu. v. Navnitlal Ranchhoddas AIR 1940 Bom.30; Muthukarappan v. Annamalai AIR 1933 Rang. 180 and AIR 1965 SC 1477 ref. Act of Court--- --- Act of 'Court should not be allowed to occasion any injury…