AMIR TUFIL vs ABBAS art — 2022 CLC 2059 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 CLC 2059 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: CLC
Parties: AMIR TUFIL vs ABBAS art
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

AMIR TUFIL VS ABBAS art. 114---Civil Procedure Code (V of 1908), O. XXI, R. 1---Modes of paying money under decree---Estoppel---Scope---Suit for recovery of certain amount against the petitioner and his father was decreed---Respondent filed an application for execution of the judgment and decree against the petitioner and his brothers being successors of their late father---Petitioner also filed an application in the executing court with the prayer that he might be allowed to submit an amount of Rs. 20,000/ per month as monthly installments---application filed by petitioner was allowed---Once again petitioner filed an application claiming therein that decretal amount ought to have been paid by the petitioner and his brothers i.e. all sons of the judgment-debtor but the execution proceedings were pending only against him---application filed by petitioner was dismissed---Validity---Held; contention of petitioner that he was not aware of the consequences of agreement and liability imposed upon him in terms of payment of decretal amount for himself and rest of the judgment-debtors, was a lame excuse on petitioner's part for the simple reason that he had not only agreed to make payment of the entire decretal amount before the Court, but had also filed an affidavit in that behalf---Order passed by executing court was based on good grounds of law and facts---Revision petition was dismissed. Head NotesCase Description

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