Law: Civil Procedure Code (V of 1908)

Section: 2(2), O. VII, r. I I, 148

  (a) Civil Procedure Code (V of 1908) S. 2 (2)--Decree-Passing of conditional decree subject to payment of deficient court-fee by certain date, held, valid and not suffering from any illegality.---[Decree]. Muhammad Nasarullah v. Muhammad Ayaz P L D 1975 LaH. 886 ref. (b) Civil Procedure Code (V of 1908) O. VII, r. I I-Decree, execution of-Court-fee not paid within period prescribed by decree-Decree, held, becomes incapable of execution.---[ Decree]. Shah Muhammad v. Allah Dewaya and others P L D 1961 (W. P. Lab. 743 ref. (c) Civil Procedure Code (V of 1908)   S. 148-Decree-Conditional decree, subject to payment of deficient court-fee by certain date passed-Penalty for non-fulfill ing condition, claim to be not fulfilling such condition-'Valuable right, held, accrued in favour of opposite-party--Court after passing decree become functus officio and S. 148 in terms not applicable-Contention that since trial Court had entertained application for acceptance of deficient court-fee it would amount to implied condonation of delay, held further, not correct-[Amir All v. Gul Muhammad P L D 1968 Pesh. 106 not applicable].-[Decree]. National Bank of Pakistan v. Malika Pukhraj etc. P L D 1975 Lab 1235 and Mst. Walayat Khatoon v. Khalil Khan P L D 1979 S C 281 ref. Amir Ali v. Gul Muhammad P ?, D 1968 Pesh. 106 not applicable. Date of hearing : 23rd September, 1979.                                                                                                                     JUDGMENT This revision is directed against the order of the Additional District Judge, Jhang dated 1i-6-1979 accepting the appeal against the order of the Civil Judge, Jhang dated t9-6-1978 by which the objection of the petitioners in the execution proceedings that the decree was not executable vas accepted.            2. Facts relevant…