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NOOR AHMED versus SABIR ALI


Special Relief Act 1877 Section 12 Limitation Act (IX of 1908), Arts 181 and 182 Civil Procedure Code (VV 1908), O XXI, R 10 and Section 48, Application for decree execution for the specific performance of a sales contract, Eleven years after the order was filed, the trial court also dismissed and after the removal of Article 182, Limitation Act 1908 by the Appellate Court, the execution of the decree has been carried out under Article 181 of the Limitation Act 1908. Which has a term of three years. The first application for execution should be filed Section 48, CPC clause, will not apply to the first application, but will then apply to the request, unless the order is submitted for execution. And unless the first application for execution is transferred within three years, the order cannot be executed under section 48, the benefit of the CPC which provides for a fresh / subsequent application of six years. The first application for was filed 11 years after the decree was passed, so the time was rightly rejected by the courts below, otherwise the plaintiff would now Was not entitled to any wrongdoing until a questionnaire was filed against the two defendants while only one of them was sentenced to be executed. Similarly, he did not deposit the loan in court mortgage under the judgment for the return of the land in the case. Interested in property, exploit the situation. Thus, discretionary jurisdiction is not guaranteed to be treated, hanging under circumstances

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