BAHADAR HILAL vs SHAUKAT HAYAT S — 2022 CLC 959 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 CLC 959 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: CLC
Parties: BAHADAR HILAL vs SHAUKAT HAYAT S
Subject matter: Civil
Provisions referred to: S. 47

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

BAHADAR HILAL VS SHAUKAT HAYAT S.47 & O. XLV, R. 15---Constitution of Pakistan, Arts.5, 187 & 190---Procedure to enforce orders of Supreme Court---Issue and execution of processes of Supreme Court---Loyalty to State and obedience to Constitution and law---Scope---In the present case, the sole objection of the judgment debtor was that the decree was passed by Supreme Court and the execution of such decree could not have been made by the Civil Court without the same being sent by the High Court---Validity---High Court would not allow the judgment debtor to evade execution of the decree in either of the execution petitions just for the reason that one of the decree-holders had not filed any application for sending the same to the Civil Court---Solemn duty of the High Court as well as the authorities functioning in State was to ensure compliance of judgment of the High Court according to Article 190 of the Constitution---High Court also had jurisdiction to execute or order execution of any judgment, decree, order of Supreme Court under Art.187 of the Constitution---Judgment debtor was duty bound to submit to the dictates of law and not to hinder the process of execution of judgment and decree of Supreme Court---Obedience to law and the Constitution was inviolable obligation of every citizen including the petitioner as per Art.5 of the Constitution---Petitions were disposed of with the direction that judgment and decrees would be deemed to have been sent to the executing court for execution under R.15 of O.XLV of C.P.C. Head Notes

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