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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---E; S. 47; 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---Executing Court---Jurisdiction---Execution, discharge or satisfaction of decree---Object and scope---Object of S.47 of the Civil Procedure Code is to provide remedy to parties in matters arising out of an execution of decree---Said section empowers Executing Court to determine the question relating to execution, discharge or satisfaction of decree and it barred a separate suit---Executing Court possesses jurisdiction to finally dispose of all questions, arising out of execution, discharge or satisfaction of decree and grant relief---Executing Court becomes functus officio once the decree is fully discharged---Term "discharge or satisfaction" has not been defined and a flexible/liberal interpretation should be given to such words keeping with the object behind S.47 of Civil Procedure Code, 1908---Such words, however, in their context would be limited to the matters arising after passage of decree and arising in course of/in connection with the execution of decree.

Other judgments reported in 2022 CLC

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