Case Details

Citation(s)
1984 SLG 803 1984 SLD 803 1984 SCMR 1167
Supreme Court of Pakistan
Civil Petition No. 601 of 1976, decision dated: 20-05-1984 (On appeal from the Judgment, dated 13-4-1976 of the Lahore High Court in R. F. A. No. 30 of 1975)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ

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FARIDUZZAFAR AND others

VS

. GHULAM MUHAMMAD AND another--Respondents

Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)-Execution proceedings-Limitation-Pleas raised meant to assist petitioners to escape from their obligations under a decree which they solemnly undertook to satisfy-Held, such pleas cannot induce Court to exercise its discretionary jurisdiction of granting leave to appeal-Petition dismissed. Sh. Abdur Rashid, Senior Advocate Supreme Court and Gulzar Hassan, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 20th May, 1984. ORDER NASIM HASAN SHAH, J.-A decree was granted against the petitioners on 17-10-1967. During the course of the execution proceedings, on 16-12-1969, the parties arrived at a compromise whereby the respondents agreed to pay the decretal amount within two months, after selling their land and the execution proceedings were stayed for a period of two months i. e. upto 16-2-1970. The respondents, however, failed to abide by their commitment, constraining the petitioners to move for execution again. The proper application in this behalf was submitted on 2nd September, 1974. The question arose whether this application was within time? The learned Judge in the High Court appears to have held that the period taken is connection with the execution proceedings upto the…
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