BAHADAR HILAL vs ANWAR HAYAT O — 2022 PLD 39 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLD 39 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLD
Parties: BAHADAR HILAL vs ANWAR HAYAT O
Subject matter: Civil
Provisions referred to: 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

BAHADAR HILAL VS ANWAR HAYAT O. XLV, R. 15---Consequences of not following the provision of R.15, O. XLV of Civil Procedure Code, 1908 had not been provided in the law---Consequences could not be taken to the effect of nullifying the judgment of Supreme Court---Such provision had been enabling and directory in nature and not mandatory for the reason that no consequences have been provided---Word "shall" had been used in R. 15, O. XLV of Civil Procedure Code, 1908 but "shall" had not always been carrying the implication that it had been intended to be used as mandatory in all eventualities---Non-compliance of the said Rule could not render the application for execution non est to the extent that it could not even be considered for stopping the period of limitation. Head NotesCase Description

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