| Case ID |
10065e50-53c8-44b6-a85d-6cfa639bd556 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 39 of 1988 |
| Decision Date |
Dec 20, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed the question of law concerning the execution of a decree passed by a Civil Court and its governing limitation provisions following amendments made by the Law Reforms Ordinance in 1972. The Court clarified that the first application for execution of a decree would be governed by Article 181 of the Limitation Act, which prescribes a period of three years, while any subsequent applications would be managed under Section 48 of the Civil Procedure Code, which allows for a six-year period. The case involved the execution of a consent decree that had not been acted upon within the prescribed timelines, ultimately leading to the conclusion that the execution application was filed out of time, resulting in the dismissal of the appeal. |
| Summary |
In this pivotal case decided by the Supreme Court of Pakistan, the Court scrutinized the execution of civil decrees in light of amendments to the Limitation Act and the Civil Procedure Code. The central issue was the applicable time limits for executing a decree after a significant amendment in 1972, which altered existing limitations. The Court determined that the first execution application for a decree would follow the three-year limitation under Article 181, while subsequent applications would be limited to six years under Section 48. This ruling is critical for legal practitioners dealing with civil execution cases, particularly in understanding the nuances of limitation periods. Keywords such as 'Civil Procedure Code', 'Limitation Act', 'execution of decrees', and 'Supreme Court of Pakistan' are essential for SEO optimization, ensuring that this case remains accessible for future legal research and analysis. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN, J.,
ZAFFAR HUSSAIN MIRZA, J.,
SAAD SAOOD, J.,
JAN, J.,
ALI HUSSAIN QAZILBASH, J.
|
| Lawyers |
J.H. Rahmitoola, Advocate Supreme Court,
A. Aziz Dastgir, Advocate-on-Record,
Shafaat Hussain, Advocate Supreme Court,
Faizanul Haq, Advocate-on-Record,
Khalid Anwar, Advocate Supreme Court for Amicus curiae
|
| Petitioners |
MAHBOOBKHAN
|
| Respondents |
HASSAN KHAN DURRANI
|
| Citations |
1990 SLD 294,
1990 PLD 778
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Law Reforms Ordinance (XII of 1972),
Constitution of Pakistan (1973)
|
| Sections |
48,
181,
182,
2(l)
|