Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), S. 48--Limitation Act (IX of 1908), Art. 182--Execution of decree--Application for execution filed after more than 3 years of dismissal of last application-Objection of limitation rejected by executing Court--Order upheld in appeal and revision--Petition for leave to appeal--Clog on right of decree-holder to institute second or subsequent application for execution of decree within three years from dismissal of last application-Removal of clog by Law Reforms Ordinance in 1972 and law of limitation being primarily a procedural law, such clog will not subsist after its repeal--Petitioner -debtor cannot claim a vested right arising oft of it as none was conferred by such a provision--Substance of provisions made in S. 48, C. P. C. and Art, 182 of Limitation Act being different, same principle as applies in giving effect to S. 48, C.P.C. cannot be extended to Art. 182, Limitation Act--Bar of moving application within three years of rejection of last application did not continue after Law Reforms Ordinance of 1972--Petition being devoid of merits, dismissed. A. Karim Malik, Advocate instructed by Iqbal Ahmad Qureshi, Advocate-on-Record for Petitioner. M. Afzal, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record (absent) for Respondent. Date of hearing: 7th November, 1984. ORDER SHAFIUR RAHMAN, J.--The petitioner, a judgment-debtor, seeks leave to appeal against the judgment of the Lahore High Court, dated 15-7-1984 whereby a civil revision petition filed by him objecting to the execution of the decree of the Civil Court, was rejected in limine and the order of the first appellate Court was upheld. The respondent obtained a money decree on the 24th of September, 1969 from the Court of Civil Judge. There was no appeal against it. The first execution application was filed on 12th of Nay, 1972 but dismissed on 16th of September, 1976 on the ground that the address of the petitioner had not been filed. The second application for execution was filed on 19th of November, 1976 and that too was dismissed for non-prosecution on 20-7-1977. A third application was filed on 25th of…

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