Law:

Section:

(a) Civil Procedure Code (V of 1908)--------O. XLIII, R.3 & O.XXI, R.10---Application of O.XLIII, R.3, C.P.C.--­Scope---Execution proceedings---Notice before presentation of appeal--­Held, in order to attract O.XLIII, R.3, C.P.C. an order should have been passed during the pendency of the suit -Execution proceedings being quite distinct and separate from the suit same would not fall within the mischief of O.XLIII, R.3, C.P.C. The order impugned in the appeal had been passed in an execution petition and not a suit, Order XLIII, Rule 3 of the Code of Civil Procedure had no applicability as is evident from the wording of the provision itself which clearly mentions that in order to attract Rule 3 of Order XLIII, C.P.C. an order should have been passed during the pendency of the suit. The execution proceedings are quite distinct and separate from the suit and therefore, do not fall within the mischief of Rule 3 of Order XLIII of the Code of Civil Procedure. (b) Civil Procedure Code (V of 1908)--- ----O. XXI, R.10---Application for execution---Decree-holder had applied for execution of the decree passed against the predecessor-in-interest of the respondents---Objection petition by the respondents against the attachment of the property was finally decided by the Trial Court which accepted the same---Said order being conclusive of the rights of the parties could not be said to be interim or interlocutory in nature as the objection petition did not remain pending after the decision by the Trial Court. ORDER MALIK MUHAMMAD QAYYUM, J --This is an application under Order XLVII, Rule 1 of the Code of Civil Procedure seeking review of the order dated 18-9-1996 whereby the petitioner's appeal against an order passed by the executing Court accepting objection petition of the respondents was dismissed on the ground that the petitioner had failed to comply with the mandatory provisions of Order XLIII, Rule 3 of the Code of Civil Procedure as no notice has been sent to the respondents before filing the appeal. 2. Two pleas have been raised by Mr. Asadullah Siddiqui, Advocate in support of this review petition first of which is that the order challenged in appeal had been…

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