| Citation(s) |
|---|
| 1975 SLG 3258 = 1975 SLD 3258 = 1975 PLD 688 |
Court of Special Judge, Karachi
First Appeal No. 31 of 1972, decided on 25th April 1975.
Presented By: Agha Ali Hyder, J
Fazal Bhoy for Appellant. Umar Khan Tank for
Respondent.
First Appeal No. 31 of 1972, decided on 25th April 1975.
Presented By: Agha Ali Hyder, J
Fazal Bhoy for Appellant. Umar Khan Tank for
Respondent.
NURUDDIN-Appellant
VERSUS
GHULAM MUSTAFA-Respondent
Law: Civil Procedure Code (V of 1908)
Section: O. XX, r. 7, O. XXI, r. 10
Law: Limitation Act (IX of 1908)
Section: 182
Civil Procedure Code (V of 1908) O. XX, r. 7 & O. XXI, r. 10 read with Limitation Act (IX of 1908), Art. 182-Execution of decree-Limitation-Judgment dated 26-10-e6 but decree drawn up and signed on 14-7-67 and execution application filed on 20-3-70-Held : , Limitation for filing execution application would run from date when decree drawn up -and signed-Application for execution within time.. According to Order XXI, rule 11(2)(c) bf the Code of Civil Procedure-; every application for execution shall contain the date of the decree, and;. according to sub. rule (3), the Court to which an application is made under sub-rule (2), may require the applicant to produce a certified copy of the decree. It is true that according to sub-rule (1) of rule 1 of Order XLI, a memorandum of appeal shall be accompanied by a copy of the decree appealed from. However. the limitation for the filing of an appeal, under Article 156, and an execution application under Article 182 of the Limitation Act, is 90 days and 3 years respectively from…