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NATIONAL BANK OF PAKISTAN KARACHI versus KURBAN HUSAIN


Sections 47 and 48 passed the order prohibiting the execution of Article X3, IX of 1908, the First Schedule, Article 183, dated 24 11 1969, and the execution of the order dated 17 11 1970. The objections filed by the decision-maker under Section 47 on entry were rejected on 1 10 1973 with the order that the execution should continue as usual, the right of the petitioner was restored, from the date of the objection A fresh application for execution was filed within six years from the date of this order, [timed execution] decree]

P L D 1979 Karachi 471

Before S. A. Nusrat, J

NATIONAL BANK OF PAKISTAN, KARACHI‑Plaintiff‑Decree‑Holder

versus

KURBAN HUSSAIN THROUGN His 10 LEGAL, RRPRESENTATIVES‑

Defendants‑Judgment‑Debtors

Execution Application No. 54 of 1978 in Suit No. 24 of 1966, decided on 28th October 1978.

Civil Procedure Cole (V of 1908)‑‑

Ss. 47 & 48 read with O. XXXIV abd Limitation Act (IX of 1908), First Sched., Art. 183‑‑Application for execution‑Limitation‑Decree passed on 24‑11‑1969 and decree‑holder filing execution application on 17‑11‑1970‑Objections filed by judgment‑debtor under S. 47 dismissed on 1‑10‑1973 with order that execution should continue in normal course‑Held, right of decree‑holder stood revived, from date of dismissal of objections‑Fresh application for execution filed within six years from date of such order‑Held, within time.‑[Limi tation‑Execution of decree].

Kirtilal Jlvabhai v. Chunilal Manilal A I R 1946 Bom. 27 ref.

Mansoorul Arfin for Petitioner.

Date of hearing : 19th August, 1978.

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