Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Limitation Act (IX of 1908), Arts. 181 & 182---Civil Procedure Code (V of 1908), O. XXI, R. 10 & S. 48---Application for execution of decree for specific performance of agreement to sell, filed after 11 years of passing of decree, was dismissed by Trial Court as also by Appellate Court ---Validity--­Execution of decrees after deletion of Art. 182, Limitation Act, 1908 are governed by Art. 181 of the Limitation Act, 1908 which provides period of three years within which first application for execution must be filed---Provision of S. 48, C.P.C., does not apply to first application, but would apply to subsequent application, presented for execution of decree---Unless and until first application for execution was moved within three years, decree-holder could not derive benefit of S. 48, C.P.C. which provides period of six years for fresh/subsequent application--First application for execution having been filed 11 years of passing of decree, was barred by time, therefore, same was rightly dismissed by Courts below---Even otherwise plaintiff was not entitled to any indulgence in so far as decree in question was passed against two defendants while execution application was filed only against one of them; similarly he did not deposit in Court mortgage debt in terms of decree for redemption of land in question---Plaintiff having remained inactive for about 11 years, filed execution application only when vendee-respondents had acquired interest in property for valuable consideration, to exploit the situation---Plaintiff's conduct, thus, did not warrant indulgence even in discretionary jurisdiction--­Order of dismissal of execution application was maintained in circumstances. Mehboob Khan v. Hasan Khan Durrani PLD 1990 SC 778; Yadorao Wasudeorao Pathak v. Govindrao Ramji Pant AIR 1939 Nag. 245; Lekshmi Amma Kochkutty Amma and aonther v. Raman Pifai Kumafa Pillai and others AIR 1952 Trav.-Co 268 and Venlappa and others v. Lakshmikant Rao AIR 1956 Hyd. 7 ref. JUDGMENT The order, dated 13-3-1995, of learned Civil Judge Chunian as affirmed in appeal, by the learned Additional District Judge Kasur, on 15-4-1996, rejecting…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492