Law:

Section:

(a) Civil Procedure Code (V of 1908)-------Ss. 2(2), 51 & O.XXI, Rr.10, 24---Suit for settlement of account and permanent injunction---Execution of decree---Preliminary decree was framed by Trial Court in suit and after submission of report by Local Commissioner which was not objected to by any party, final decree was passed---Decree-holder filed execution application containing whole relief as granted to him by Trial Court in terms of preliminary and final decree passed in suit, but Executing Court while disposing of application of decree-holder had only considered and decided one prayer clause of execution application and did not consider and decide other two clauses thereof on the ground that final decree framed by Trial Court did not contain said two clauses---Validity---Even if contents of preliminary decree framed in suit were not incorporated in final decree at time of its preparation, preliminary decree stood legally merged in final decree and Executing Court was bound to implement same together---Executing Court by not adverting to other two clauses of prayer mentioned in application of execution of decree-holder, had committed mistake which needed rectification in review. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---High Court in exercise of its Constitutional iurisdiction, would not interfere in order of Court below; unless it was shown that same had caused some injustice to parties. Province of Punjab through Secretary, Health Department v. Dr. S. Muhammad Zaffar Bukhari PLD 1997 SC 351 ref. JUDGMENT ANWAR ZAHEER JAMALI, J.--- By this Constitutional petition the petitioners have called in question an order, dated 25-9-1997 passed by the Additional District Judge, Ghotki, whereby he has allowed a civil revision application filed by respondent No. 1, and directed the petitioners to sign T. O. Form of car in his favour. Relevant facts, as disclosed in the petition, are that a suit for settlement of account and permanent injunction, being Suit No.28 of 1991, filed by respondent No. l before the Court of Civil Judge, Ghotki was decreed by the trial Court on 2-4-1992 and a Commissioner was…

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