Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 56(d)---Interference in administrative functions ---Jurisdiction of Court---Scope---Courts are not bound to issue directions in every case to the administrative functionaries to perform their functions in one way or the other unless the interest of the person or persons who have come forward to claim such relief is shown---If the Court is not convinced from justification placed before it by the claimant to seek relief, the Court may refuse to grant decree. Islamic Republic of Pakistan v. Muhammad Saeed PLD 1961 SC 192 ref. (b) Civil Procedure Code (V of 1908)-------S. 47---Executing Court---Execution of decree---Jurisdiction of Executing Court---Scope---Where the Court is satisfied that the decree is nullity in the eyes of law, or the same has been passed by Court having no jurisdiction or the rights of the decree-holder would not be infringed if the decree is refused to be executed or the decree has been passed in violation of any provision of law, the Executing Court under the provisions of S.47, C.P.C. can question executability of decree. (c) Specific Relief Act (I of 1877)-------Ss. 42 & 56(d)---Civil Procedure Code (V of 1908), S.47---Constitution of Pakistan (1973), Art.185(3)---Execution of decree---Consideration of events subsequent. to passing of decree---Government notification was subject-matter of the suit filed by the petitioner which was decreed by the Trial Court---Government withdrew the disputed notification subsequent to passing of the decree---Executing Court refused to execute the decree and appeal against the refusal was dismissed by the Lower Appellate Court--­Revision before High Court also met the same fate---Validity---Executing Court in exercise of its jurisdiction under S.47, C.P.C. could take into consideration subsequent events even after passing of the decree---Such jurisdiction could be exercised in order to ensure that the process of law might not be abused and the judicial pronouncements should be implemented effectively instead of making them ineffective on account of their inexecutability---High Court had rightly refused to execute the decree as after passing the same the…

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