Law: Civil Procedure Code (V of 1908)

Section: 2(2),11,151,152,153,O.XX,XXI,R.9,11(2),3 5

Law: Limitation Act, 1908

Section: 182,1stSchedule.

(a) Civil Procedure Code (V of 1908)--- ----O.XX, R.9, O.XXI, R.35 & S.11---Decree for possession of land, execution of---Land described in decree sheet situated somewhere else, but not at the place described in warrant of possession---Dismissal of first execution application by Court for decree being not executable---Validity of such dismissal not challenged in appeal or revision---Second execution application on basis of same grounds and description as stated in first .application---Validity---Decree-holder could rile more than one applications for execution of decree on fresh grounds not already agitated in former application---Findings in first application would have the force of res judicata---Second petition was not competent. PLD 1989 SC AJK 78; Jogesh Chandra Roy v. Mymen Sing Co-Operative Town Bank PLD 1955 Dacca 17 and Kidar Nath v. Taj Muhammad Khan AIR 1993 Lah.?? rel. (b) Civil Procedure Code (V of 1908)--- ----Ss. 151, 152, 153, 2(2) & O. XXI, R. 11(2)---Execution proceedings---Alteration of decree---Scope---Such question relating with pre-decree matter could not be pressed into service in execution proceedings, unless and until same was incorporated in decree---Section 151, C.P.C. could not be utilized for such purpose. 1994 MLD 1825 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNAS TAHIR, J.--- This revision petition is filed against the judgment and .order of the learned Additional District Judge, Dadyal, dated 18-3-2006 whereby the appeal filed by the petitioner was dismissed. The brief facts forming the background of the instant revision petition are that the petitioner filed a suit for possession in the Court of Civil Judge, Dadyal. It was claimed by the petitioner-plaintiff' that land measuring 1 kanal out of land measuring 122 kanals 6 marlas comprising survey, No. 1225-min was forcibly dispossessed by non-petitioner. The suit was decreed. The decree of the trial Court has attained finality. The petitioner filed an application for execution of decree in the Court of Civil Judge, Dadyal. The learned Civil Judge dismissed the application vide its order, dated 25-9-2004. The petitioner filed a subsequent application for the execution…

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