DIRECTOR GENERAL (HEADQUARTERS) CIVIL WORKS ORGANIZATION, RAWALPINDI vs Syed WALI SHAH Ss — 2025 CLC 1947 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 CLC 1947 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: CLC
Parties: DIRECTOR GENERAL (HEADQUARTERS) CIVIL WORKS ORGANIZATION, RAWALPINDI vs Syed WALI SHAH Ss
Subject matter: Criminal
Provisions referred to: S. 47; 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

DIRECTOR GENERAL (HEADQUARTERS) CIVIL WORKS ORGANIZATION, RAWALPINDI VS Syed WALI SHAH Ss. 18 & 30---Civil Procedure Code (V of 1908), S. 47, O. XX1, Rr. 21, 23-a & O.XXVII, R. 8-a---Execution of decree---Objection---appeal---Maintainability---Decretal amount, non-filing of---appellant / authorities were aggrieved of dismissal of objections filed during execution proceedings---Validity---Exemption only applies when government or public officer is being sued for action done in their official capacity---While provision of O. XXI, R. 23-a, C.P.C. essentially states that if a judgment debtor wants to raise objection against execution of a decree, he must first deposit decretal amount in Court or provide security for its payment before his objections can be considered, meaning they cannot simply object without first providing financial assurance to Court---Provision of O. XXI, R. 23-a, C.P.C. applies when a judgment debtor wishes to dispute execution of a decree against him---High Court declined to interfere in execution proceedings---appeal was dismissed, in circumstances.

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