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Regular Second Appeal No. 772 of 1977, decided on 1st July, 1980.
‑‑ S. 47 and O. XXI, rr. 63, 103 [as amended by Law Reforms Ordinance, 1972], 98 & 99‑Cumulative effect of S. .17 changes brought about by Ordinance, 1972 being that all matters referred in S. 47 and rr. 62 & 103 of O. XXI, C. P. C., be adjudicated upon and determined by executing Court, suits under rr. 63, 98 & 99 of Code, held, not competent‑Suit in matter falling under O. XXI, r. 103, C. P. C., regardless of fact whether an application for execution of decree has or has not been filed by time of institution of suit, held, not maintainable.
Ali Hussain v. Rafiquddin and 9 others P L D 1977 Lah. 418 fol.
Muhammad Nazir JanYUa for Appellants.
Fayyaz Hussain Kadri for Respondent.
Date of hearing : 1st July, 1980.
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