Citation Name: 2023 CLC 1811 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD INAM BHATTI vs Syed MUHAMMAD SIBTAIN S — 2023 CLC 1811 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1811 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Citation Name: 2023 CLC 1811 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD INAM BHATTI vs Syed MUHAMMAD SIBTAIN S
Subject matter: Civil
Provisions referred to: S. 151---R; S. 151

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

Citation Name: 2023 CLC 1811 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD INAM BHATTI VS Syed MUHAMMAD SIBTAIN S.151---Restoration of execution petition under inherent power of Court---Scope---Whether the executing Court is invested with the power to restore an execution petition, which was dismissed for non-prosecution---If there was no provision available for seeking restoration of the execution petition, the court is invested with inherent power under S.151, C.P.C for passing appropriate orders in order to meet the ends of justice---When an execution petition is dismissed for non-prosecution, the executing Court can restore the same in exercise of its inherent power vested in it under S.151, C.P.C.---Said provision is an enabling provision and caters for an ostensible impossible situation where no express provision of law is attracted and since there is no prohibition for exercising such jurisdiction of a court from passing an order so as to advance and meet the ends of justice---Executing court fell in error in not exercising the jurisdiction vested in it under S.151, C.P.C, qua restoration of the execution petition---Civil revision was allowed, as a sequel to which impugned orders were set aside.

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