Law: Civil Procedure Code (1908)

Section:

  Civil Procedure Code (V of 1908)--- ----O.XXVII, R.8-A, O.XLI, Rr. 5, 6 & 5.96---Decrce against Government--Furnishing of security by Government whether a legal requirement -- Government's appeal against such decree with prayer that execution of same be stayed and operation thereof be suspended till decision of appeal without furnishing or security ._-Entitlement- --Provisions of R.8-of 0.XX11, C.P.C. would envisage one of such situations where judgment-debtor was Government and was seeking relief in terms of 0.Ll, Rr.5 & 6, C.P.C., then no security would be required from it---Where besides Provincial Government, its other functionaries were also appellants (judgment-debtors) and their case was that judgment to question, was contrary to record of case and amount of damages wits exorbitant; that unless stay was granted they would suffer substantial losses, there seemed to be substance in application which would justify suspending operation of impugned decree without calling upon appellants to furnish security -Appeal yeas, however, directed to be fixed for earlier hearing. Haji Banaris Khan and others v. Central Government and others 1986 SCMR 1805 and Province of Punjab v. Muhammad Jamil,PLD 1992 Lah. 300 ref. Messrs Bundial Bus Service v. Mst. Sanjeeda Afzal and others 1975 SCMR 203; Sadiq Sayeed Khan and another v. Central-Government and others 1986 SCMR 1147(1) and Messrs Shafsal Enterprises, Government Contractor v. Province of Punjab and 2 others.1995 SCMR 708 ref. Issardas B. Pirthiani for Appellants. Abdul Ghaffor Bhurgri for Respondent. ORDER This is an application under Order XII, Rule 5 of the Civil Procedure Code, 1908 filed on behalf of appellants with the prayers that the execution of the impugned decree be stayed and its operation be also suspended till decision of this first appeal, which has been admitted for regular hearing.   I have heard Mr. Issardas Pirthiani, Advocate for appellants and Mr.Abdul Ghafoor Bhurgri, Advocate for respondent. It is argued by the learned counsel for the appellants that the impugned judgment/decree passed by learned Senior Civil Judge, Mehar suffers from legal infirmities and is contrary to…