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K.L.R. 1997 Civil Cases 560

MATLOOB HUSSAIN vs UNITED BANK LIMITED CHAKFFWARI BRANCH MIRPUR

CitationK.L.R. 1997 Civil Cases 560
CourtHigh Court of Azad Jammu and Kashmir
Case No.Civil Revision No. 28 of 1997
Date1997-06-19
Judge(s)Khawaja Muhammad Saeed
ResultN/A

ORDER KHAWAJA MUHAMMAD SAEED, CJ.- This revision petition is directed against the order of the District Judge Mirpur, dated March 25, 1997.

2. The necessary facts for the disposal of the present revision petition arc that an application moved by the respondent for the execution of decree against present petitioner was dismissed for want of prosecution. An application was moved on behalf of United Bank Ltd. For the restoration of the application on 25.5.1997. The application was allowed subject to payment of costs of Rs. Five Hundred vide order under revision.

3. I have heard the learned Counsel for the parlies and perused the record of the case.

4. The learned Counsel for the petitioner argued, that no good cause was shown for the restoration of the application. Without sufficient cause the learned District Judge Mirpur was not justified in law to allow the restoration of execution proceedings.

5. On the other hand, the learned Counsel for the respondent contended that sufficient cause was given in the application which was moved for the restoration of the application for the execution of decree. However, as learned Counsel for the petitioner had no objection in the restoration of the application for the execution of decree on the payment of costs, as such, it was not felt necessary by the trial Court to attend this aspect of the case.

6. The arguments advanced by the learned Counsel for the respondent is supported by the order under revision. The relevant portion of the order impugned in this revision petition Un the convenience of the reference is reproduced below:- "The learned Counsel for the non-applicant Judgment debtors stated at the bar that he has no objection if the file in n nest ion is restored on payment of costs. In this view of the matter, the file for the execution of the decree is restored on payment of Rs. 500/- as costs and it shall be placed before the Court for further proceedings"

The petitioner in the light of above-referred order of the learned District Judge Mirpur is not legally justified to object the restoration of execution proceedings. The revision petition therefore, stands dismissed with costs.

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