Citation Name: 2023 YLR 935 PESHAWAR-HIGH-COURTBookmark this Case INAM SHAH vs SADDIQ JAN Ss — 2023 YLR 935 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 935 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 935 PESHAWAR-HIGH-COURTBookmark this Case INAM SHAH vs SADDIQ JAN Ss
Subject matter: Civil
Provisions referred to: S. 2; Civil Procedure Code (V of 1908)

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 YLR 935 PESHAWAR-HIGH-COURTBookmark this Case INAM SHAH VS SADDIQ JAN Ss. 42 & 54---Civil Procedure Code (V of 1908), Ss. 2(ii), 115 & O.VII, R.11---Suit for declaration and injunction--- Decree--- Rejecting of plaint---Petitioner was aggrieved of execution proceedings initiated on the basis of decree passed under O. VII, R. 11, C.P.C.---Plea raised by petitioner was that such decree was only meant for appeal and not for execution---Rejection of plaint was also decree under S.2(ii), C.P.C. as there was formal expression of adjudication conclusively determining rights of parties and was capable of execution---High Court declined to interfere in order passed by Lower Appellate Court---Revision was dismissed accordingly.

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