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1999 SCMR 2628

Rao TAMKEEN ALI KHAN vs MUHAMMAD ASLP.M and others

Citation1999 SCMR 2628
CourtSupreme Court of Pakistan
Case No.Civil Petitions For Leave to Appeal Nos. 981-L to 987-L of 1997 Civil Revisions
Judge(s)Irshad Hasan Khan, Muhammad Arif
ResultPetitions allowed

' IRSHAD HASAN KHAN, J.---Through this common order we intend to dispose of Civil Petitions for Leave to Appeal Nos. 981-L to 987-L of 1997, arising out of a consolidated judgment dated 12-5-1997, passed in Civil Revisions Nos.490 to 496 of 1997.

2. The execution applications filed by the petitioner for execution of the decree dated 20th April, 1990, passed by Civil Judge, Chunian, District Kasur, were dismissed for non-prosecution by order dated 26th of November, 1992.

3. We have heard the learned counsel for the petitioner and Ch. Muhammad Anwar, learned Counsel for the respondents/caveator and find that the execution applications were not fixed for hearing on 26-11-1992 and it was only for the submission of the report, after seeking police assistance, by the bailiff of the Civil Court. Thus, visualized, the executing Court was wrong in dismissing the execution petitions and not restoring the same on application moved by the petitioner. The learned Judge in Chambers was also wrong in dismissing the revision petitions filed by the petitioner on the erroneous assumption that the counsel for the petitioner was not present on the date of hearing.

4. We, therefore, convert these petitions into appeals and allowing the same set aside the orders of the Courts below and remit the case to the executing Court to dispose of the execution applications in accordance with law. The parties are directed to appear before the executing Court on 27th July, 1998.

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