SOHAIL MAQBOOL AWAN vs FAHAD IDREES Ss — 2021 MLD 556 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 556 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: SOHAIL MAQBOOL AWAN vs FAHAD IDREES Ss
Subject matter: Civil
Provisions referred to: S. 148; S. 151

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SOHAIL MAQBOOL AWAN VS FAHAD IDREES Ss. 148 & 151---Decree, issuance of---Enlargement of time---Subject to deposit of court fee within stipulated time---Scope---Non-compliance of condition attached with the decree---Effect---Decree issued in favour of petitioner/plaintiff was subject to depositing balance court fee within fifteen(15) days, failing which the suit would be deemed to have been dismissed---Executing Court dismissed the execution petition of the petitioner because he had failed to deposit balance court-fee within stipulated time ---Held, that the Trial Court once having passed a conditional decree, the suit would stand automatically dismissed for non-deposit of court fee within the stipulated time incorporated in the judgment and decree---Court issuing the decree would become functus officio and the time could not be enlarged by the Executing Court not only because non-compliance had operated into automatic dismissal of suit but also because a valuable right had also accrued to the respondent/defendant---Court could not extend the time under S.148, C.P.C., where the period was fixed/granted by the decree/final order---Decree could be altered by review or appeal or revision; but neither S.148 nor S.151, C.P.C., could be utilized for the purpose of altering a decree---No illegality or irregularity was found in the impugned order passed by the Executing Court---Revision petition was dismissed, in circumstances.

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