Citation Name: 2023 PLD 19 PESHAWAR-HIGH-COURTBookmark this Case RABNAWAZ vs Mst

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Citation Name: 2023 PLD 19 PESHAWAR-HIGH-COURTBookmark this Case RABNAWAZ VS Mst. SABU BIBI S. 48---Limitation Act (IX of 1908), S. 15---Execution of decree---Limitation---Provision of S. 15 of Limitation Act, 1908, has been made expressly applicable to application for execution of decree and it controls S. 48, C.P.C.---Period of limitation of six years has been provided in S. 48, C.P.C. Citation Name: 2023 PLD 19 PESHAWAR-HIGH-COURTBookmark this Case RABNAWAZ VS Mst. SABU BIBI S.48---Execution of decree---Commutation---Period during which decree of Trial Court remains suspended through any injunctive order, that period must be excluded in computing period of limitation under S.48, C.P.C. Citation Name: 2023 PLD 19 PESHAWAR-HIGH-COURTBookmark this Case RABNAWAZ VS Mst. SABU BIBI applicability---Doctrine of merger is based on principles of propriety in the hierarchy of justice delivery system---Doctrine of merger does not make a distinction between an order of reversal, modification or an order of confirmation passed by appellate and revisional Courts---Doctrine of merger postulates that there cannot be more than one operative decrees governing the same subject matter at a given point of time. Citation Name: 2023 PLD 19 PESHAWAR-HIGH-COURTBookmark this Case RABNAWAZ VS Mst. SABU BIBI Ss. 48 & 115---Limitation Act (IX of 1908), Art.181---Revision---Execution of decree---Limitation---Concurrent findings of facts by two Courts below---Petitioner was aggrieved of award made rule of the Court and assailed execution proceedings on the plea that those were barred by limitation---Validity---Limitation for filing of first execution petition was governed by Art. 181 of Limitation Act, 1908 and not by S.48, C.P.C. ---Respondent had filed execution petition within time from the date of judgment of High Court---High Court declined to interfere in concurrent findings of two Courts below and petitioner failed to point out any illegality or infirmity committed by the two Courts---Revision was dismissed, in circumstances.

Citation Name: 2023 PLD 19 PESHAWAR-HIGH-COURTBookmark this Case RABNAWAZ vs Mst — 2023 PLD 19 PESHAWAR-HIGH-COURT

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