PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

ZARMASH vs Haji NAEEM SHAH S — 2022 PLD 33 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PLD 33 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PLD
Parties
ZARMASH vs Haji NAEEM SHAH S
Subject matter
Civil
Provisions referred to
S. 8---C; S. 47---D; S. 47; Civil Procedure Code (V of 1908); 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

ZARMASH VS Haji NAEEM SHAH S. 8---Civil Procedure Code (V of 1908), S.47---Declaration of title---Jirga decision---Executing Court---Jurisdiction---Petitioners claimed that suit land was decided in their favour but Assistant Political Agent during its implementation/execution could not determine as to who was the owner of property in question---Validity---Court executing a decree could not go beyond decree and was required to execute decree as it was---Court had no jurisdiction under the provision of Civil Procedure Code, 1908, to broaden its scope---Court under S.47, C.P.C. was empowered to deal with events subsequent to issuance of decree and had to decide all questions arising out between the parties to the suit in which decree was passed when such question related to execution, discharge or satisfaction of decree---Executing Court was not empowered to bring about changes in the rights and obligations of parties that had already been determined by decree---Decree was to be executed in spirit of its terms and conditions and not in derogation thereof---High Court set aside observations/findings of Executing Court/Assistant Political Agent with regard to ownership of land---Revision was allowed accordingly. Head NotesCase Description

Other judgments reported in 2022 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English