Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss. 2(2) & 33---Dismissal of suit would not amount to passing of an executable decree---Application for execution of such decree by either party would not legally be maintainable. (b) Civil Procedure Code (V of 1908)--- ----Ss. 2(2) & 33---Executable decree---Characteristics stated. Executable decree is one where there is a definite order to a definite person to do or refrain from doing a certain thing either forthwith or at a given future day or on the happening of a certain event, and where there is no such direction, then decree could not be legally executable. JUDGMENT AKHTAR ZAMAN MALGHANI, J.---This revision petition is directed against order dated 10-5-2003 passed by Qazi, Kharan whereby application filed by petitioner for review and recalling of order dated 2-2-2002 was dismissed. 2. Briefly stated, facts of case are that petitioner instituted a suit for specific performance in Court of Qazi against respondents which plaint was rejected by him vide order dated 23-8-1999 under Order-VII, Rule-11, C.P.C. which order was assailed by him by way of filing appeal before Majlis-e-Shoora Chagai/Kharan at Nushki who allowed the appeal vide judgment and decree dated 10-3-2000 and the matter was remanded to Qazi Court whereafter again learned Qazi dismissed the suit vide judgement and decree dated 24-6-2006. Appeal filed by petitioner against said judgment and decree was also dismissed by Majlis-e-Shoora. It appears from record that thereafter a civil miscellaneous application was filed by Haji Qadir Eukhsh (respondent No.3) for directing Naib Tehsildar and Patwari to enter the property in his name and Qazi directed accordingly. On coming to know about such order petitioner moved an application for review and recalling of order dated 2-2-2002 which application was dismissed vide impugned order. 3. I have heard learned counsel for petitioner as well as learned counsel for respondents. Learned counsel for petitioner vehemently contended that suit of petitioner filed for specific performance of agreement dated 6-2-1994 was dismissed without any adjudication or determining rights of parties, as such; it was not an…

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