SARDAR ALI vs ABDUL GHAFOOR S — 2022 CLC 1925 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 1925 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: SARDAR ALI vs ABDUL GHAFOOR S
Subject matter: Civil
Provisions referred to: S. 47; Law Reforms Ordinance; Civil Procedure Code

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

SARDAR ALI VS ABDUL GHAFOOR S.47 & O.XXI, Rr. 97, 100 & 103---Executing Court---Proceedings equal to trial of the suit---Framing issues and recording evidence---Scope---After promulgation of Law Reforms Ordinance, 1972, all questions arising as to title, right or interest in, or in possession of immoveable property under R.97 or 100 of O.XXI, Civil Procedure Code, 1908 are to be decided by an Executing Court and not be a separate suit---All said questions determined and adjudicated upon by the Court in execution would not be merely summery proceedings, but would be considered as trial of suit---Provisions of the C.P.C. relating to trial of suit such as framing of issues and providing opportunities to parties to lead documentary/oral evidence, would apply to such proceedings.

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