Law: Civil Procedure Code (V of 1908)

Section: 58

  Civil Procedure Code (V of 1908)--- ----OXXI, R.58---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---All questions relating to right, title or interest of outsider claimant or objector in attached property have to be adjudicated upon and determined by the Executing Court and not in any other proceedings-- Executing Court has been vested with full powers to decide all such questions---Petitioners had a right and opportunity to file objection application under OXXI, R.58, Civil Procedure Code 1908, for determination of objections---In presence of such adequate and efficacious remedy, petitioner could not invoke constitutional jurisdiction of High Court. Dr. Ansar Hussain Rizvi v. Syed Mazahir Hussain Zaidi and 3 others 1971 SCMR 634 ref. Mian M. Sultan Wattoo for Petitioners. Ch. Naseer Ahmed for Respondents. M. Shamshir lqba1 Chughtai for Respondent No.4. Date of hearing: 3rd October, 1992. JUDGMENT This order will govern Writ Petitions Nos. 4 and 5 of 1992 as both these writ petitions have arisen out of execution proceedings filed by Mst. Rashida Akhtar. .2. The relevant facts are that Mst. Rashida Akhtar (herein respondent No.3) instituted two separate suits in the Court of Civil Judge, Ist Class, Hasilpur against petitioners for the recovery of Rs.17,350 and Rs.25,000 respectively alleging therein that petitioners were her tenants and had not paid her rent for rented premises. The suits were decreed by two separate judgments, dated 20-5-1990. Against these decrees the petitioners filed two appeals bearing No.63 and 72 of 1990 which were dismissed by the learned first appellate Court by a single judgment, dated 26-3-1991. It was held that the appeals filed by the petitioners were barred by time. Feeling aggrieved with these decisions, the petitioners preferred revision petitions under section 115 of the Code of'Civil Procedure in this Court which were dismissed as unpressed. Unrelenting, the petitioners filed two separate applications under section 114 and Order 47, rule 1 of the Code of Civil Procedure for recalling, the order of this Court, dated 15-4-1991 on the ground that the learned counsel who did not…