MAULVI ANWARUL HAQ, J.- Alleging disobedience of a decree for an injunction passed on 4.2.1966, the respondent filed an application under Order XXI, Rule 32, CPC. The application was resisted by the petitioner stating that he has no disobeyed the decree. Issues were framed. The evidence of the parties was recorded. The learned Trial Court found that decree has been disobeyed and proceeded to pass on 25.1.1994. Against this order an appeal was filed. This appeal was taken-up by a learned ADJ, Rawalpindi, who proceeded to dismiss the appeal holding that an appeal against an order made under Order XXI, Rule 32, CPC is not competent.
2. Learned counsel for the petitioner contends that the learned AD) has refused to exercise the jurisdiction vested in him while passing the impugned order. Learned counsel for the respondent on the other hand refers to a judgment of this Court in the case of Muhammad and 3 others v. Allah Bakhsh and others (1998 CLC 757) to urge that the appeal has been rightly held to be not competent.
3. I have gone through the records, with the assistance of the learned counsel for the parties. The mode of execution of a decree, inter alia, for an injunction has been prescribed in Order XXI, Rule 32, CPC. The respondent by all means had filed an application for the execution of the decree for injunction in the manner prescribed. The order was, therefore, passed in relation to execution of the said decree. This order is squarely covered by Section 47, CPC being a /is between the parties to the suit in, which the decree was passed. This being so, the order was appealable under Section 104(1)(ff), CPC.
So far as the said judgment is concerned, it dealt with an order urged to be covered by Section 104(1)(h), CPC. The learned AD) has, therefore, refused to exercise the jurisdiction vested in him of hearing and deciding the appeal filed by the petitioner. This civil revision is allowed. The result would be that the appeal filed by the petitioner shall be deemed to be pending before the learned District Judge, Rawalpindi, who shall requisition records, summon the parties and hear and decide the said first appeal in accordance with law. No orders as to costs.
4. A copy of this order immediately be remitted to the learned District Judge, Rawalpindi.