Mirza MUHAMMAD AKBAR BAIG vs ADDITIONAL DISTRICT JUDGE S — 2024 CLC 979 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Mirza MUHAMMAD AKBAR BAIG VS ADDITIONAL DISTRICT JUDGE S.5, Sched.---Limitation Act (IX of 1908), Art.181---Family Courts---Non-applicability of provisions of C.P.C and Limitation Act, 1908---Execution of decree---Limitation---Executing Court dismissed the execution petition being time barred---Appellate Court reversed the order in appeal---Validity---No specific period of limitation for implementation of decree of dower couldbe fixed and whenever wife moved the legal forum for satisfaction of her right, husband was under legal obligation to satisfy such decree---Postponement of recovery of dower for any consideration during subsistence of marriage would not deprive the wife from execution of the decree being barred by time---Admittedly, marriage subsisted between the parties and the nature of dower was prompt dower, which was duly recognized by the Court---Prompt dower was recoverable during subsistence of marriage on demand---Thus, no specific period of limitation for implementation of decree of such nature could be fixed---Due to subsistence of marriage, the judgment debtor, i.e. the husband acknowledged the right of his wife and he is deemed to remain under a legal obligation to satisfy the decree whenever the decree holder/wife had moved the legal forum for satisfaction of her right---Valuable rights accrued to respondent after decree of her suit for recovery of dower, therefore, it was not fair to deprive her from the benefits of decree---One who succeeded in a litigation unjustly must not retain the benefit---After acceptance of Nikah in lieu of dower and enjoying its blessings, it did not suit a husband/judgment debtor/petitioner to question the maintainability of the execution petition on the point of limitation---Constitutional petition was dismissed. Citation Name: 2024 CLC 979 LAHORE-HIGH-COURT-LAHORE Mirza MUHAMMAD AKBAR BAIG VS ADDITIONAL DISTRICT JUDGE Ss. 14 & 5, Sched.---Limitation Act (IX of 1908), Art.181--- Family Courts---Execution of decree---Limitation---Executing Court dismissed the execution petition being time barred---Appellate Court reversed the order in appeal---Validity---Right of appeal is not merely a matter of procedure, rather it is a substantive right---In terms of R. 22 of the Family Courts Rules, 1965, an appeal under S. 14 of the Family Courts Act, 1964, shall be preferred within a period of 30 days of the passing of the decree or decision but appellate Court is vested with the power to condone any delay in filing the appeal on showing sufficient cause by the appellant---From perusal of record it appeared that respondent No.3 along with her appeal moved an application for extension of time/condonation of delay, and provided sufficient explanation which resulted into the delayed appeal---Said application was supported by an affidavit and no counter affidavit was filed by the petitioner in its rebuttal, therefore, the grounds urged in the application had gone unchallenged, hence, the contents of affidavit, having gone unchallenged, were deemed to be true---Constitutional petition was dismissed. Citation Name: 2024 CLC 979 LAHORE-HIGH-COURT-LAHORE Mirza MUHAMMAD AKBAR BAIG VS ADDITIONAL DISTRICT JUDGE Technicalities---Scope---Cases must be decided on merits instead of technicalities and the technicalities should not be a hindrance in the way of justice.

Mirza MUHAMMAD AKBAR BAIG vs ADDITIONAL DISTRICT JUDGE S — 2024 CLC 979 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 CLC