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NAZIR OF THE HIGH COURT OF SIND & BALUCHISTAN, KARACHI versus MUHAMMAD ISHAQ-HAJI DOST MUHAMMAD


The first schedule, Article 183 [which was amended by the Law Reform Ordinance (XII of 1972)] read with the Civil Code of Conduct (V8 of 1908), amending the O XXI boundary order from twelve years to six years. Prior to the amendment, the period of Article 183 was available twelve years ago, before the amendment was passed, in 1972, the period for the implementation of such decree was continued. Nevertheless, its implementation was filed after the 1972 amendment [decree]

1981 C L C 372

[Karachi]

Before Nasir Aslam Zahid, J

NAZIR OF THE HIGH COURT OF SIND & BALUCHISTAN,

KARACHI‑Plaintiff/Decree‑Holder

versus

Mow HAJI MUHAMMAD ISHAQ‑HAJI DOST

MUHAMMAD‑Defendants/Judgment‑Debtors

Execution No. 60 of 1974 in Suit No. 965 of 1953, decided on 15th November, 1980.

(a) Limitation Act (1X of 1908)‑

‑‑ First Sched, Art. 183 [as amended by Law Reforms Ordinance (XII of 1972)] read with Civil Procedure Code (V of 1908), O. XXI Limitation‑Execution of decree‑Amendment curtailing period of limitation from twelve years to six years‑Not retrospective Decree passed prior to amendment in, 1972 of Article 183‑Period of twelve years previously available, held, continued to be period for execution of such decree notwithstanding execution application having been filed after amendment of 1972.‑[Decree].

Vithal Rao Gopal Rao v. Ramkishan Waman A I R 1961 Bom. 258 ref.

National Bank of Pakistan v. Hyderabad Tando Fazal Bux Service 1980 C L C 1.146 rel.

(b) Civil Procedure Code (V of 1908)‑

0. XXI, r. 30‑Execution of decree‑No statutory provision held, places any prohibition or restraint on filing of more than one execution applications for enforcement of decree.‑[Decree].

M. G. Dastgir for the Decree‑Holder.

Abdul Sattar Memon for the Judgment‑Debt.

Date of hearing : 8th November, 1980.

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