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Citation Name: 2024 CLC 2123 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NASIR-UL-ISLAM KHAN vs ZAKIA BEGUM Ss — 2024 CLC 2123 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 CLC 2123 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
CLC
Parties
Citation Name: 2024 CLC 2123 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NASIR-UL-ISLAM KHAN vs ZAKIA BEGUM Ss
Subject matter
Criminal
Provisions referred to
S. 38; S. 37

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: 2024 CLC 2123 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NASIR-UL-ISLAM KHAN VS ZAKIA BEGUM Ss. 37 & 38---Execution petition, filing of---Trial Court and Appellate Court---Jurisdiction---Trial Court dismissed the suit, however, Appellate /High Court decreed the suit---Appellants (judgment-debtors) assailed order passed by the Executing / Trial Court whereby their objection regarding jurisdiction of the Court was over-ruled---Contention of the appellants was that under S. 38 of Civil procedure Code, 1908 (C.P.C.), the execution application was not maintainable before the Trial Court as the decree was passed by the Appellate (High Court) therefore the same should have been filed before the High Court---Validity---Section 38, C.P.C., cannot be read in isolation of S.37, C.P.C.; the provisions of both the sections make it clear that the decree, which is passed by the Appellate Court, can be executed by the Court of first instance i.e. Trial Court---Thus, the contention of the appellants had no force---No material illegality or irregularity had been noticed in the impugned order passed by the Executing Court to be interfered by the High Court---Appeal filed by the judgment-debtor, being merit-less, was dismissed.

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