Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXI, R.10, Ss.48 & 100---Specific Relief Act (I of 1877), Ss. 8 & 12---Limitation Act (IX of 1908), Art.181---Execution of decree---Application for---Limitation---Decree-holder whose suit for specific performance of agreement, possession and recovery was decreed, filed application for execution of decree, which was dismissed being barred by time---Decree-holder had claimed that earlier he filed application for execution of decree in time, but same having been dismissed in default, he had again filed application for execution of decree, which had been dismissed by the Executing Court without appreciating the facts and circumstances of the case and accepting the objection of -debtor with regard to limitation and that first application for execution of decree was to be filed within a period of three years and once it was filed in time, thereafter any number of applications for execution could be made within the provided period of six years---Validity---Despite having full opportunity, decree-holder had failed to prove any such application before the court, he had even failed to mention the exact date of submission of said first execution application made by him---Decree-holder had not asserted that due to fraud or misrepresentation he was restrained from filing of such application; or there existed such circumstances due to which he was unable to file application for execution of decree in time---No such grounds were urged by the decree-holder, on basis of which delay occurred in filing application could be condoned---Execution application was rightly dismissed, in circumstances. Mahboob Khan v. Hassan Khan Durrani PLD 1990 SC 779 ref. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.---It is contention of the appellant that the suit filed by him against respondent for specific performance of agreements, possession and recovery, his claim was admitted by the respondent, while the suit was decreed in his favour through judgment made on 26-10-2002 by Senior Civil Judge-II, Quetta. Whereafter, he filed an application for execution of decree, which was dismissed in default. Thereafter, he again filed an application for execution…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492