Syed SALAH-UD-DIN vs ALI JAN Ss — 2023 CLC 2134 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 2134 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: Syed SALAH-UD-DIN vs ALI JAN Ss
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

Syed SALAH-UD-DIN VS ALI JAN Ss. 47, 115, O. XX, R.11 & O.XXXVII, R.2---Suit of recovery of money on the basis of dishonored cheque---Execution---Instalment of decretal amount---Principles---Petitioner / judgment debtor was aggrieved of dismissal of his application by Trial Court for recovery of decretal amount in instalments---Validity---Application made by petitioner / judgment debtor for allowing him to discharge liability of decretal amount through 36 equal monthly instalments was not competent under O.XX, R.11, C.P.C---According to O. XX, R. 11(1), C.P.C, for any sufficient reason at the time of passing the decree, Trial Court had a discretion to order that payment of the amount decreed would be made by defendant (judgment debtor) by installments---Executing Court under O. XX, R.11(2), C.P.C., had power of similar nature to make an order, on the application of judgment debtor that payment of the amount decreed would be made by installments but not without the consent of decree holder---High Court declined to interfere in the order passed by Trial Court as the same was well reasoned---Petitioner / judgment debtor failed to deposit decretal amount before the Executing Court and filed baseless petition to deprive respondent / decree holder from the fruits of decree---Revision was dismissed, in circumstances.

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