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2001 MLD 17

Capt. MUHAMMAD ANWAR KHAN vs FEDERATION OF PAKISTAN, CIVIL AVIATION

Citation2001 MLD 17
CourtSindh High Court
Case No.Execution Application No. 114 of 1999 in Suit No. 428 of 1995
Date2001-08-28
Judge(s)Anwar Zaheer Jamali
ResultApplication allowed

ORDER

1. On 15-2-2000, three months time was granted for making payment of the Decretal amount. It is observed that this time was claimed under section 82, C.P.C. Learned counsel for the Decree Holder submits that the provisions of 82 are not attracted to the circumstances of this case and he further pointed out that the Civil Aviation is a separate Corporate Authority and cannot be Equated with the Government or a Public Officer in terms of section 82. Learned Counsel for Judgment Debtor, however, submits that such position with reference to section 82, C.P.C. Was accepted by this Court vide order dated 15-2-2000. Mr. Sami, however, refutes such contention and states that he merely conceded three months time which was granted to enable the judgment-debtor to pay the decretal amount. Section 82 will not deprive him of his claim for execution without any just cause.

2. Therefore, in my opinion, provisions of Section 82 are not attracted in the instant case. Reasonable time of three months' was granted to the Judgment Debtor for Satisfaction of the Decree, which time since has been elapsed and no efforts have been made towards the discharge of decree nor, there appears to be any sincere offer on the part of J.D. Justifying such extension no objections have been filed nor, extension in time is being sought to settle the matter, only reason appears is to prolong the matter without any just cause. Under the circumstances, repelling the contentions of learned Counsel for J.D., Execution Application is granted.

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