| Citation(s) |
|---|
| 1971 SLG 318 1971 SLD 318 1971 SCMR 594 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. K-94 to K-97 of 1971, decision dated: 25th August 1971
MUHAMMAD YAQUB ALI AND WAHEEDUDDIN AHMAD, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Petitions for Special Leave to Appeal Nos. K-94 to K-97 of 1971, decision dated: 25th August 1971
MUHAMMAD YAQUB ALI AND WAHEEDUDDIN AHMAD, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
MUHAMMAD SHARIF
VS
JALALUDDIN---Respondent
Law:
Section:
Civil Procedure Code (V of 1908), Ss. 38 & 47-Court executing decree, powers of-Decree passed in time-barred claim-Not a nullity in eye of law-Executing Court, held, not competent to go behind decree-Conciliation Courts Ordinance (XGIV of 1961), S. 4. Messrs Grain & Fodder Agencies v. Mohammad Swaleh and another P L D 1962 Kar. 8; Piroj Shah & Co. v. Qarib Shah A I R 1926 Lah. 379 and Islamic Republic of Pakistan v. Mohammad Saeed P L D 1961 S C 192 distinguished. Noor Mohammad, Advocate Supreme Court instructed by A. Aziz Dastgir, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of bearing : 25th August 1971. ORDER WAHEEDUDDIN AHMAD, J.-This order will dispose of Civil Petitions Nos. K-94, K-95, K-96 and K-97 of 1971, in which common questions of facts and law, are involved. In 1964, the respondent applied to the Chairman of Union Committee No. 3 at Shahdadpur under section 4 of the Conciliation Courts Ordinance, 1961 and claimed decrees for various amounts in the above-mentioned matters. The Chairman did not notice that the claim of the respondent was barred by time and proceeded to constitute a Conciliation Court. The Conciliation Court passed decrees of various amounts against the petitioner. The respondent applied to the Court of Civil Judge at Shahdadpur in Execution Applications Nos. 19, 18, 20 and 17 of 1964 respectively for the execution of the decrees obtained against the petitioner. The petitioner contested the said execution applications, amongst others, on the ground that the claim before the Conciliation Court being barred by time and it had no jurisdiction to execute the decrees. The learned Civil Judge, Shahdadpur, dismissed the execution applications holding that the decrees being for a patently time-barred claims were nullities and were not executable. Respondent challenged these orders in various appeals filed by him which were dismissed by the learned Additional District Judge, Sanghar. The matter was then taken in the High Court of Sind and Baluchistan, Karachi, in second appeals which were dismissed by the High Court on the 30th November 1965. The respondent challenged these orders in L. P. As. which were heard by…
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