BAKHT ALAM KHAN vs WASEEM KHAN S — 2023 PLD 78 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PLD 78 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PLD
Parties: BAKHT ALAM KHAN vs WASEEM KHAN S
Subject matter: Civil
Provisions referred to: S. 51

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

BAKHT ALAM KHAN VS WASEEM KHAN S. 51 & O. XXI, R. 10---Execution of decree---Powers of Executing Court---Scope---Executing court cannot go beyond the decree and it has to execute the decree in terms in which it has been passed. S. 51 & O. XXI, R. 10---Execution of decree---Powers of Executing Court---Scope---Plaintiff filed a suit claiming that he was the owner in possession of a 1/5th share based on a will---Defendants contested the suit and the Trial Court ultimately passed a decree in favor of the plaintiff for a 1/5th share---Plaintiff then applied to the Executing Court for execution of the decree, which was granted---However, one of the defendants, the petitioner, also filed an application for execution of the decree on the ground that he was the legal heir of the deceased and entitled to benefit from the decree as the plaintiff had been---Validity---Plaintiff's 1/5th share had been decreed, but no finding had been recorded regarding the remaining 4/5th share, for which the petitioner sought execution---Neither the judgment nor the decree provided any executable rights for the petitioner---While the petitioner had the option to approach the civil court for an identical decree, the Executing Court was bound to execute the decree as it was passed and could not alter, amend or add to it---Courts below were correct in denying the relief sought by the petitioner---Revision petition was dismissed.

Other judgments reported in 2023 PLD

2023 PLD 431 SUPREME-COURTPAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA) VS ARY COMMUNICATIONS PRIVATE LIMITED (ARY DIGITAL) R. 4---Councils of Complaints---C…
2023 PLD 431 SUPREME-COURTPAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA) VS ARY COMMUNICATIONS PRIVATE LIMITED (ARY DIGITAL) arts. 19 & 19a---Tolerance---Cons…
2023 PLD 174 SUPREME-COURTS.D.O./A.M., Hasht Nagri Sub-Division, PESCO, Peshawar VS KHAWAZAN ZAD S. 99 & O.I, R. 10---Misjoinder of parties---Curable defect---Misjoin…
2023 PLD 588 SUPREME-COURTNADIA NAZ VS The PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD art. 188---Review of judgments by the Supreme Court---Grounds---Error…
2023 PLD 536 SUPREME-COURTGUFRAN ALI VS HASEEB KHAN S. 8(1)---Juvenile---Determination of age---Ossification test---Scope and significance of ossification test in det…
2023 PLD 516 SUPREME-COURTA. RAHIM FOODS (PVT.) LIMITED VS K&N'S FOODS (PVT.) LIMITED S. 10(2)(d)---Deceptive marketing practices, action for---Pre-requisites---Regis…

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