| Case ID |
0ffc5f69-04a0-45b6-9058-0242c616ec59 |
| Body |
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| Case Number |
Civil Petition No. 1540 of 2018 |
| Decision Date |
Feb 11, 2022 |
| Hearing Date |
Feb 11, 2022 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, confirming the High Court's ruling on the execution application filed by the respondents. The court emphasized that the second execution application was timely and valid, as the prior application was dismissed due to non-prosecution and did not address the merits of the case. The court clarified that the limitation period for filing execution applications under Section 48 of the Civil Procedure Code begins from the date of default in delivering possession, rather than from the date of the decree itself. Consequently, the petitioners' objections regarding the timeliness and maintainability of the second application were overruled, affirming the rights of the decree holders to seek enforcement of the decree. |
| Summary |
In the case of Civil Petition No. 1540 of 2018, decided on February 11, 2022, the Supreme Court of Pakistan addressed issues related to the execution of a pre-emption decree under the Civil Procedure Code of 1908. The petitioners challenged the execution application filed by the respondents, arguing it was time-barred under Section 48 of the CPC. However, the Supreme Court ruled that the second execution application was valid, as the previous application was dismissed for non-prosecution and did not resolve the substantive merits of the case. The court underscored the importance of adhering to the procedural mandates of the CPC, particularly regarding the timing of execution applications. The ruling clarified that the limitation period for execution applications is counted from the date of default in performance of obligations as specified in the decree, thus providing a clear procedural framework for future cases involving similar issues. This case reinforces the significance of timely execution processes in the legal system and the reciprocal obligations of both decree holders and judgment debtors in pre-emption suits. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SARDAR TARIQ MASOOD, JUSTICE,
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE,
JAMAL KHAN MANDOKHAIL, JUSTICE
|
| Lawyers |
Khalid Ishaq, Advocate Supreme Court,
Syed Rifaqat Hussan Shah, Advocate-on-Record for Petitioners,
Agha Muhammad Ali, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Respondents Nos. 3, 5, 6, 10, 11, 13 to 17
|
| Petitioners |
MUHAMMAD ARIF CHATTHA AND OTHERS
|
| Respondents |
ADDITIONAL DISTRICT JUDGE, GUJRANWALA AND OTHERS
|
| Citations |
2022 SLD 1025,
2022 SCMR 958
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
48
|