| Case ID |
16d4e3b6-82b8-4f16-97dd-0d722e2d4fd9 |
| Body |
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| Case Number |
Review Application No. 47 of 1996 |
| Decision Date |
Jun 14, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the application under Order XLVII, Rule 1 of the Code of Civil Procedure, setting aside the order dated 18-9-1996. The court ruled that the order challenged in the appeal was passed in an execution petition rather than a suit, thus making Order XLIII, Rule 3 of the Code of Civil Procedure inapplicable. The execution proceedings are distinct from the original suit, and the objection petition by the respondents had been conclusively decided, indicating that the order was not interim or interlocutory in nature. Consequently, the appeal is to be listed for hearing before an appropriate Bench. |
| Summary |
The case revolves around a review application concerning the execution of a decree under the Civil Procedure Code (V of 1908). The key issue was whether the provisions of Order XLIII, Rule 3 were applicable in the context of execution proceedings. The Lahore High Court determined that execution proceedings are separate from the original suit, and thus the mentioned order did not apply. The court found merit in the petitioner's arguments that the objection petition, resolved by the Trial Court, was conclusive and not interim in nature. The decision underscores the legal distinction between execution proceedings and ongoing suits, which is crucial for understanding procedural law in civil matters. This ruling is significant for legal practitioners focusing on civil procedure and execution issues, as it clarifies the application of the law in similar contexts. Keywords include 'Civil Procedure Code', 'execution of decree', 'legal distinction', 'Lahore High Court', and 'review application'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MUHAMMAD QAYYUM,
RAJA MUHAMMAD SABIR
|
| Lawyers |
Asadullah Siddiqui
|
| Petitioners |
NATIONAL INVESTMENT TRUST LTD.
|
| Respondents |
6 others,
WAQAR SAIGAL
|
| Citations |
2001 SLD 2721,
2001 PLD 516
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XLIII, R.3,
O. XXI, R.10
|