Find a Lawyer

Civil Rule No. 772 of 1962, decided on 30th November 1964.

S. 82‑Execution of decree against Government‑Court, passing decree against Government or public officer, failing to specify time within which decree to be satisfied‑Court, on application of decree‑holder, bound to incorporate such time in decree despite its failure to include it in judgment.

B. N. Chowdhury with Haradhan Sarkar for Petitioner.

Syed A. B. Mahmood Hussain Government Pleader for the Opposite‑Party.

The petitioner's suit for realisation of certain sum of money was decreed on 30th August 1961 and the decree was sealed and signed on 6th September 1961. Later on 17th February 1962 the decree‑holder who is the petitioner before me filed an application before the Court which passed the decree for incorporating in the decree the provision of section 82 of the Code of Civil Procedure.

The learned Munsif rejected the application on the finding that no direction as per section 82 of the Code of Civil Procedure could be given in the decree as the same was not specified in the judgment passed by his predecessor‑in‑office. Hence the present Rule.

Clause (1) of section 82 of the Code of Civil Procedure Provides

(1) Where in a suit by or against the Government, or by or against a public officer in respect of any such act as aforesaid, a decree is passed against Pakistan or, as the case may be, the public officer, a time shall be specified in the decree within which it shall be satisfied; and, if the decree is not satisfied within the time so specified, the Court shall report the case for the orders of the Government."

Clause (2) provides

"(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of such report."

In view of the aforesaid provision it was the duty of the Court passing the decree to incorporate the time in the decree but as it was not done, the petitioner filed his application to have the A necessary order incorporated in the decree and accordingly, in my opinion, the trial Court was not justified in refusing the application.

I accordingly make the Rule absolute, set aside the order complained of and direct the trial Court to incorporate the provision of section 82 so far necessary to complete the decree.

Having regard to the facts of the case, I direct the parties to bear their respective costs all throughout.

K. B. A. Rule made absolute.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.