| Case ID |
08971fa5-85c7-4785-a5ce-01b5dcd566ea |
| Body |
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| Case Number |
First Appeal from Order No. 8 of 1993 |
| Decision Date |
Nov 13, 1994 |
| Hearing Date |
Nov 13, 1994 |
| Decision |
The appellants failed to produce evidence to support their claim that they had paid part of the decretal amount as stipulated in the compromise agreement. The executing Court found that the appellants did not comply with the legal requirements for payment under the Civil Procedure Code, specifically that payments must be certified and made through proper channels. As a result, their objection petition was dismissed for lack of proof. The Court emphasized that any payment made outside the prescribed methods would not be recognized, leading to the dismissal of the appeal with costs. |
| Summary |
In the case of First Appeal from Order No. 8 of 1993, the Lahore High Court addressed issues surrounding the execution of a money decree under the Civil Procedure Code. The case involved a dispute over the payment of a decretal amount of Rs. 15,000, where the parties had entered into a compromise agreement. The appellants claimed to have paid Rs. 6,000 but failed to provide evidence to substantiate this claim. The Court highlighted the importance of following proper legal procedures, specifically the stipulations of Order XXI, Rule 1 of the CPC, which mandates that payments under a decree must be made through designated channels to ensure validity. The Court ultimately dismissed the appeal, reinforcing the necessity for compliance with legal protocols in the execution of monetary judgments. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
Sheikh Muhammad Sharif Zafar,
Ijaz Ahmad Chaudhary
|
| Petitioners |
MUHAMMAD JAMIL and others
|
| Respondents |
Haji MUHAMMAD DIN & SONS
|
| Citations |
1995 SLD 924,
1995 PLD 107
|
| Other Citations |
Muhammad Ishak Ali v. Hiralal Seraogi PLD 1964 Dacca 637
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
Order XXI, Rule 1
|