Law:

Section:

Limitation Act (IX of 1908)-------Arts. 181 & 183---Execution'of and decree passed by the High Court of Sindh in Civil Suit---Limitation---Jurisdiction exercised by High Court of Sindh while trying a suit is of principal Civil Court of original jurisdiction in contradistinction with extraordinary civil jurisdiction exercised by a Chartered High Court---Article 181 and not Art.183 Limitation Act, 1908 is applicable to the application for execution of the decree passed by Sindh High Court on original side---Where the application for execution was filed beyond three years as prescribed under Art.181 of the Limitation Act, 1908, such application was barred by time. Mian Akbar Hussain v. Mst. Aishabai and others PLD 1991 SC 985 applied. Firdous Trading Corporation and others v. Japan Cotton and General Trading Co. Ltd. PLD 1961 (W.P.) Kar. 565; Pakistan Fishries Ltd. Karachi and others v. United Bank Ltd. PLD 1993 SC 109; Mahboob Khan v. Hassan Khan Durrani PLD 1990 SC 778; Mian Akbar Hussain v. Mst. Aishabai and others PLD 1991 SC 985; National Bank of Pakistan v. Mian Aziz-ud-Din and 7 others 1996 SCMR 759; Ahmad Khan v. The Chief Justice and the Judges of the High Court West Pakistan and others PLD 1968 SC 171; Haji Razak v. Usman and 9 others PLD 1975 Kar. 944; Province of Sindh v. Haji Razak 1991 SCMR 921: Sri. Muhammad Ali v. Messrs China Silk House and another 1985 CLC 679; Mst. Tayyaba Begum v. Gul Rehman and 2 others 1988 CLC 2370; Lall Zaman v. Safdar Ali Khan 1996 MLD 860; Civil Courts (Sindh Amendment) Ordinance, 1970 PLD 1981 Kar. 210 and Rimpa Limited and another v. Karachi Metropolitan Corporation 2004 CLC 1797 ref. Shahid Anwar Bajwa for Decree-holder. Kazim Hasan for Judgment-debtor. Date of hearing: 9th August, 2004. ORDER The point requires determination is of limitation i.e. whether the execution application filed by the decree-holder is barred by time and the admission order of Additional Registrar, admitting the execution application is liable to be recalled. The above question has been raised on admitted facts which are as follows. The decree-holder obtained decree against the judgment-debtor in Suit No.308 of 1998 of 17-11-1998 whereas,…

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