Limitation for Second Execution Petition — Decree Becomes Final After Appeals | 2025 CLC 344
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| Limitation on second execution petition . |
دوسری درخواست اجراء کی مدت معیاد۔
پس منظر
عدالتی تجزیہ
🔹 ڈگری کب “فائنل” ہوتی ہے؟
🔹 Limitation کا اطلاق کیسے ہوتا ہے؟
🔹 ڈسٹرکٹ کورٹ کا فیصلہ غلط کیوں تھا؟
لہٰذا ڈسٹرکٹ کورٹ نے قانون کی غلط تعبیر کی۔
عدالتی نتیجہ
اہم نتیجہ (Conclusion)
Must read judgement
2025 C L C 344
[Lahore]
Before Ch. Muhammad Iqbal, J
MUHAMMAD ARSHAD (deceased) through Legal Heirs ---Petitioner
Versus
Haji ABDUL GHAFOOR and others ---Respondents
C.R. No. 48464 of 2019, heard on 25th November, 2024.
Civil Procedure Code ( V of 1908)---
----Ss. 47 & 48 ---Limitation Act (IX of 1908) First Sched., Art. 181---Specific Relief Act (I of 1877), S. 12---Decree of specific performance---Second execution petition---Limitation---Scope---Executing Court dismissed the objection petition of the respondents, however, the same was accepted by the District (First Appellate) Court and execution petition, being second one, filed by the petitioners/decree-holders was dismissed declaring the same barred by limitation---Plea of the judgment-debtor (objection petitioner/respondent) was that earlier decree-holder filed execution petition which was dismissed for non-prosecution, then second execution petition was filed beyond limitation prescribed by law---Validity---Admittedly, suit for specific performance of the petitioners (decree-holders/plaintiffs) was decreed on 22.12.1999 and they filed execution petition on 13.01.2000 for satisfaction of said judgment and decree which petition was dismissed due to non-prosecution on 26.04.2002---However, record revealed that, against the original judgment and decree, the respondents (defendants/judgment debtors) preferred first appeal which was dismissed by the District (First Appellate) Court on 25.05.2009 and their Regular Second Appeal was dismissed on 05.10.2009, which was not further challenged by the respondent---It was after the dismissal of the appeal of the respondents by the District(first Appellate) Court ( on 25.05.2009 ) that the petitioner/ decree-holder promptly filed second execution petition on 05.06.2009 for execution of decree (dated 22.12.1999)---Under Article 181 of the Limitation Act, 1908, the period provided for first execution petition was three years from passing of the decree and under S. 48, C.P.C, the second execution petition had to be filed within 6 years of the judgment and decree---If the decree has been challenged before the higher forum and stay is granted, then filing of execution petition subsequently cannot be held to be barred by time---Thus, in the present case, execution petition of the petitioners was well within time---High Court set-aside the impugned judgment passed by the District Court; consequently, the order passed by the Civil/Executing Court was upheld---Revision was allowed, in circumstances.
Anjuman Ghulaman Mustafa v. Darul Islamia Society and others PLD 2024 SC 489; F.A. Khan v. The Government of Pakistan PLD 1964 SC 520; Mahboob Khan v. Hassan Khan Durrani PLD 1990 SC 778; Maulvi Abdul Qayyum v. Syed Ali Asghar Shah and 5 others 1992 SCMR 241 and Nazim-ud-Din and others v. Sheikh Zia-Ul-Qamar and others 2016 SCMR 24 ref.
Usman Nasir Awan, for Petitioner.
Ch. Ali Muhammad, for Respondents.
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