| Case ID |
238fa1b2-1006-46dc-ac96-220ed24c1099 |
| Body |
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| Case Number |
Constitutional Petition No.546 of 2007 |
| Decision Date |
Apr 15, 2009 |
| Hearing Date |
Apr 06, 2009 |
| Decision |
The Quetta High Court, under the esteemed leadership of Justice MEHTA KAILASH NATH KOHLI, determined that the lower courts' dismissal of the execution application based on the Limitation Act and Civil Procedure Code was without lawful authority and devoid of legal effect. The High Court examined the applicability of Section 48 of the Civil Procedure Code, amended by the Law Reforms Ordinance, 1972, which stipulated a six-year limitation period. It was concluded that the petitioner's execution application was filed within the prescribed limitation period. Consequently, the execution application filed by petitioner Haji Ali Jan is deemed pending and will be adjudicated in accordance with the prevailing legal provisions. The case has been remanded to the lower courts for further proceedings to ensure just and lawful resolution. |
| Summary |
In the landmark case of Haji ALI JAN versus MUHAMMAD AZEEM and 4 others, adjudicated by the Quetta High Court, the petitioner contested the dismissal of his execution application by the lower courts on the grounds of the Limitation Act and Civil Procedure Code. The case, cited as 2009 SLD 630 and 2009 CLC 1279, revolved around the recovery of sale consideration for a vehicle, where an agreement was made to transfer landed property as part of the settlement. Despite the initial decree favoring the petitioner, the execution application faced challenges when the lower courts deemed it time-barred. The High Court meticulously reviewed the provisions of Article 199 of the Constitution of Pakistan, 1973, and Section 48 of the Civil Procedure Code (V of 1908), amended by the Law Reforms Ordinance, 1972, which extended the limitation period to six years. Emphasizing the importance of adhering to statutory time frames, Justice MEHTA KAILASH NATH KOHLI concluded that the execution application was filed within the legally permissible period. The court referenced the precedent set by National Bank of Pakistan v. Mian Aziz-ud-Din and 7 others (1996 SCMR 759) to reinforce the applicability of the extended limitation period post the initial application. By declaring the lower courts' orders null and void, the High Court ensured that the petitioner’s rights were upheld, directing that the execution application remain pending for a fair and lawful decision. This judgment underscores the judiciary's commitment to upholding legal statutes and ensuring that rightful claims are addressed without undue hindrance, reinforcing the integrity of the judicial process in Pakistan. |
| Court |
Quetta High Court
|
| Entities Involved |
MEHTA KAILASH NATH KOHLI,
AMANULLAH KHAN YASINZAI,
Haji ALI JAN,
MUHAMMAD AZEEM and 4 others
|
| Judges |
MEHTA KAILASH NATH KOHLI
|
| Lawyers |
Raja Rab Nawaz,
Muhammad Rauf Atta
|
| Petitioners |
Haji ALI JAN
|
| Respondents |
MUHAMMAD AZEEM and 4 others
|
| Citations |
2009 SLD 630,
2009 CLC 1279
|
| Other Citations |
National Bank of Pakistan v. Mian Aziz-ud-Din and 7 others 1996 SCMR 759 rel.
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
199,
48
|