Law:

Section:

Civil Procedure Code (V of 1908)--- O. XXI, r. 28-Decree of civil Court declaring dismissal of petitioner illegal-Petitioner's re-instatement and payment -of arrears not part of decree-No fault, held, can be found with executing Courts in refusing petitioner's request in such regard. ORDER ABDUL KADIR SHAIKH, J.-The petitioner sought to execute the decree passed in his favour by which the order of dismissal from service dated 15-8-1950 was declared as illegal and ultra vires. The executing Court rejected the executing application on the ground that the declaratory decree could not be executed. Petitioner's prayer for execution of the decree for the purpose of recovery of arrears of his salary and allowances was also refused. Petitioner's appeal was dismissed by the Additional District Judge, Lahore and his second appeal was also dismissed by the Lahore High Court and he now seeks special leave to appeal. The petitioner who argued in person submits that the respondents have neither…

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