Law:

Section:

(a) Civil Procedure Code (V of 1908)--- O. XXI, r. 100 read with S. 151-Execution of decree-Dispossession of purchaser by decree-holder-Expression "is dispossessed" in r. 100 clearly indicates person being already dispossessed and does not cover case !~f person yet to be dispossessed-Rule 100 not applicable unless applicant actually dispossessed-inherent jurisdiction of Court under s. 151, held, cannot be invoked to circumvent express provision of r. 100.-[Words and phrases]. Mst. Sahib-un-Nissa etc. v. Mahmooda Begum PLD 1959 Lab. 511 not fol. Ali Hussain v. Rafiguddin etc. PLD 1977 Lab. 418 and Sh. Muhammad Jahangir v. Muhammad Ibrahim etc. PLD 1955 Lab. 525 fol. (b) Civil Procedure Code (V of 1908)- 0. XXI, r. 58-Objection to attachment-Investigation of claim No attachment of property effected-Application under r. 58, held, not maintainable.-[Attachment]. JUDGMENT The brief question involved in this revision is whether a person not being the judgment-debtor, who is yet to be dispossessed in an execution proceeding, can apply under Order XXI, rule 100, C. P. C. The question arises in the following circumstances. In an ejectment proceeding instituted by Rehmat Ali against Nur Hussain, an order of ejectment was passed, against which the remedy by way of appeal and a second appeal failed and then execution application was filed on 201-1976. Even before the filing of the execution application, Muhammad Anwar aforesaid son of Nur Hussain, and Munawar Hussain, a cousin of Muhammad Anwar, moved an application on 5-1-1976 purported to be under Order XXI, rule 58, The executing Court dismissed the application on 22-3-1976 on the ground that since the property was not under attachment, an application under Order XXI, rule 58 did not lie. This view has been upheld by the lower appellate Court. 2. Learned counsel for the petitioners, however, submits that the application should be treated as one falling under rule 100 of Order XXI, and argues on the basis of Mst. Sahib-un-Nissa etc. v. Mst. Mahmooda Begum (1) PLD 1959 Lah. 511) that such an application was maintainable and the Court had jurisdiction to determine the question of the executability of the decree qua the…

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