| Citation(s) |
|---|
| 2003 SLG 829 2003 SLD 829 2003 SCMR 181 |
Supreme Court of Pakistan
Civil Appeal No. 880 of 1996, decided on 16th September, 2002. (On appeal from the judgment dated 6-7-1995 of the Lahore High Court, Lahore, passed in Civil Revision No. 474 of 1995)
QAZI MUHAMMAD FAROOQ, RANA BHAGWAN DAS AND ABDUL HAMEED DOGAR , JJ
Taqi Ahmad Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Appellants. Gul Zarin Kiani, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for
Respondents
Civil Appeal No. 880 of 1996, decided on 16th September, 2002. (On appeal from the judgment dated 6-7-1995 of the Lahore High Court, Lahore, passed in Civil Revision No. 474 of 1995)
QAZI MUHAMMAD FAROOQ, RANA BHAGWAN DAS AND ABDUL HAMEED DOGAR , JJ
Taqi Ahmad Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Appellants. Gul Zarin Kiani, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for
Respondents
RIAZ HUSSAIN and others
VS
MUHAMMAD AKBAR and others
Law: Civil Procedure Code (V of 1908)
Section: 47,O.XXI,Rr.10,22,23
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Civil Procedure Code (V of 1908)---- ----S. 47---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider, whether the objection petition filed by respondents under S.47, C.P.C. was maintainable in the absence of execution application. (b) Civil Procedure Code (V of 1908)--- ----S. 47---Objection petition---Import, object and scope---Objection petition filed by -debtor under S.47, C.P.C. has a very wide scope and the petition is akin to suit and for that very reason it contains an in-built provision empowering the Court to treat the objection petition as a suit subject to certain conditions---Object of Legislature is to provide an opportunity to -debtor to make an objection petition even if dcreeholder withholds the execution petition and gets the decree satisfied through some other mode---Contrary view limits the scope of S.47, C.P.C. and thus militates against the object and intention of the Legislature---Restriction to file objection petition under S.47; C.P.C. in absence of execution application would take the -debtor to a point where he is left with no remedy and forum for redressal of his grievance---Objection petition under S.47, C.P.C. can be filed in the absence of execution petition. (c) Civil Procedure Code (V of 1908)--- ----S. 47 & O.XXI, Rr.10, 22, 23---Objection petition without execution application---Word "desires" as used in O.XXI, R.10, C.P.C.---Scope and applicability ---Declaratory decree was executed without filing of execution application by decree-holder---Judgment-debtors filed objection petition under S.47, C.P.C. against such execution of the decree---Executing Court and Appellate Court dismissed the petition of the -debtors but High Court in exercise of revisional jurisdiction allowed the petition ---Decree holder contended that the objection petition under S.47, C.P.C. was only maintainable when execution application was filed and notice under O.XXI, R.22, C.P.C. was issued to the -debtor---Validity---Due to non filing of execution petition by decree-holder, the -debtor was left high and dry---Right to file objection petition conferred on -debtor by the Civil Procedure Code,…
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