ZEBA ILYAS vs KARACHI METROPOLITAN CORPORATION through Administrator S — 2024 MLD 408 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 408 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: ZEBA ILYAS vs KARACHI METROPOLITAN CORPORATION through Administrator S
Subject matter: Criminal
Provisions referred to: S. 48---L; Limitation Act (IX 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

ZEBA ILYAS VS KARACHI METROPOLITAN CORPORATION through Administrator S. 48---Limitation Act (IX of 1908), Art. 181--- Execution petition---Limitation---Doctrine of merger---Scope---Execution petition filed by the petitioners was dismissed as being time barred---Validity---Suit filed by the petitioner culminated in dismissal at first instance, prompting the petitioner to file Civil Appeal, where judgment was entered in her favour with the impugned judgment and decree being set aside and suit was decreed as prayed---Appellate decree was then drawn up accordingly on 04.07.2011--- Respondent filed Civil Revision Application which was dismissed on 18.09.2018, without any interim order for stay or suspension of the Appellate decree having ever been made during pendency of the matter---In that backdrop the Execution Application came to be filed by the petitioner on 20.04.2019---Case of the petitioner turned on the assertion that the doctrine of merger extended to the proceedings of the revisional forum, and that as the Appellate Decree merged into the final order/judgment of the revisional Court, the period of limitation began to run from the date of disposal of the Revision Application---Held, that revision was dismissed on 18.09.2018 for non-prosecution and no order had been made during the proceedings for stay or suspension of the Appellate Decree---As such, the doctrine of merger sought to be relied upon by the petitioner would not apply---Petition was dismissed accordingly.

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