Citation Name: 2023 CLC 1974 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ABBAS vs ADDITIONAL DISTRICT JUDGE O — 2023 CLC 1974 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1974 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Citation Name: 2023 CLC 1974 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ABBAS vs ADDITIONAL DISTRICT JUDGE O
Subject matter: Civil

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 1974 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ABBAS VS ADDITIONAL DISTRICT JUDGE O.XXI, Rr. 1 & 2---Modes of paying money under decree---Payment out of Court to decree-holder---Scope---Order XXI, R.1(1)(b) of the Code permits out of Court payment by the judgment-debtor through (i) bank or (ii) postal money order or (iii) payment which is evidenced in writing and signed by the decree-holder or his authorized agent---Order XXI, Rule 2(1) of the Code makes it obligatory upon the decree holder to certify such payment or adjustment before the Court whose duty is to execute the decree---However, under O. XXI, R. 2(2) of the Code judgment debtor can also inform the Court and apply the Court to issue notice to the decree-holder as to show cause as to why such payment or adjustment should not be recorded as certified---There is no requirement in O. XXI, R. 1(1)(b) of the Code that the acknowledgment must bear the revenue stamps ---In this regard aforesaid rule merely requires that the out of Court payment should be evidenced in writing and signed by the decree-holder or his authorized agent---Furthermore, the legislature has used the word 'may' in R. 2(2), when allowing the judgment-debtor to apply or inform the Court regarding out of Court payment made to decree-holder---Relevant provisions do not provide any consequence for not informing or applying the concerned Court after such payment through permissible mode, either.

Other judgments reported in 2023 CLC

2023 CLC 1510 QUETTA-HIGH-COURT-BALOCHISTANHAFEEZULLAH VS Dr. MUNIR AHMED Gift---Oral gift---Gift in favour of minor---Scope---Gift in favour of minor is not invalid if physical posse…
2023 CLC 685 QUETTA-HIGH-COURT-BALOCHISTANSHAHEEN ALAM VS Mst. BIBI SALMA (Widow) S.278---Petition for letters of administration---Scope---Administration suit in view of the Successi…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence S.1---Recovery of damages---Vicarious liability---Employe…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Civil liability---Acquittal in criminal case---Effect---E…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION S. 114 & O. XLVII, R. 1---Review---Scope---Courts are vested with the…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION art.199---Constitutional jurisdiction---Factual controversy---Scope---…

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