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Limitation Act (IX of 1905)------Art. 181--Civil.Procedure: Code (V of 1908), Ss. 48 & 12(2)---Execution of decree of Civil, Court---Period of limitation---Tine spent on defendant's application under S. :12(2), .C.P.C. whether to be excluded for computing period of limitation of plaintiff's application for execution of decree---Period of limitation for filing first .application for execution of decree is three years from date of decree as prescribed by Art.181, Limitation Act, 1908--Section 48, C.P.C provides outer limitation period for, any number of successive applications, to be made within six years from the date of decree---Plaintiffs application filed on 22-5-1993 for execution of decree dated. 1-6-1986, was barred by, time; time spent on defendant's application under S..12(2), C.P.C could not be excluded for computing period of limitation of plaintiffs application for; execution of decree of Trial Court, for initiation of proceedings under S.12(2), C.RC. could not amount to committing of "fraud" or use of "force". within meaning of S. 48(2)(x), C.P.C: --Even otherwise application under 5. 12(2),. C.P.C. having been filed beyond prescribed period of limitation of three years, plaintiff could not set up such plea for computation of period of limitation for execution of decree in question. Mahboob Khan v. Hassan Khan Durani PLD 199(1 SC 771; ' Syed Muhammad Anwar Shah v. Maulvi Abdul Qayyum PLD 1990 Pesh. 148 M.R.M.A.S.P. Ramanathan Chettiar v. Mahalingum chetti AIR 1935 Mad. 8 and Bishwanath Prasad Mahtha and another v. Lachhmi Naram,,AIR 1935 Pat. 380. rel. JUDGMENT The petitioner was allotted Plot No. 23/C measuring 7 Marlas situated in Satellite Town, Bahawalpur by Housing and Physical Planning Department' on 28-2-1977. It is alleged by respondent No..1 that the petitioner executed an agreement to sell in his favour on 11-6-1981 for a consideration .of Rs.20,000 and on the same day the petitioner appointed respondent No. 2. Muhammad Rafique as his general attorney through a registered deed. On 7-5-1986. respondent No., 1 filed a suit for specific performance against the petitioner in the Court of Civil Judge, Bahawalpur in which 23-6-1986 was fixed…

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