Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XXI, R.11---Limitation Act (IX of 1908), S.3---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Execution of decree---Principle of merger---Applicability---Question of limitation---Determination---Decrees passed by Trial, Appellate and Revisional Courts---Suit was decreed on 28-4-1994 and appeal was dismissed by Appellate Court on 11-2-1996, while execution application was filed on 12-12-1998---Executing Court allowed execution application and issued writ of possession on 9-4-2000 but possession could not be obtained by decree holders as in the meanwhile on 12-3-2004, -debtors moved application under S.3 of Limitation Act, 1908, asserting execution petition being barred by limitation---Executing Court allowed application of debtors and recalled order passed in execution application---Order passed by Executing Court was maintained by Lower Appellate Court in exercise of revisional jurisdiction---Validity---Rule of merger was not restricted to appeal but was extended to remedy of revision also, provided such appeal or revision was decided on merits---Rule of merger was meant for computation of limitation period for filing of execution application whether impugned before Appellate Court and Revisional Court remained under suspension or not or whether of Trial Court was affirmed or modified by Appellate or Revisional Court---Relying on rule of merger, execution application was well within time notwithstanding the fact that Lower Appellate Court did not stay execution nor suspended of Trial Court---As order of Executing Court whereunder execution application was allowed, was appealable, therefore, such time-barred application under S.3 of Limitation Act, 1908, amounted to nothing but to circumvent law and as such was not maintainable---High Court in exercise of Constitutional jurisdiction set aside orders passed by two Courts below on application filed by -debtors---Petition was allowed in circumstances. Moulvi Abdul Qayyum v. Syed Ali Asghar shah 1992 SCMR 241; Sardar Begum v. Ch. Muhammad Saeed 2001 SCMR 1636 and Muhammad Azhar Khan v. Assistant Commissioner Toba Tek Singh 2006 SCMR 778 rel.…

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