I.B. EMPLOYEES COOPERATIVE HOUSING SOCIETY vs ADDITIONAL DISTRICT JUDGE-II, EAST ISLAMABAD Ss — 2025 CLC 408 ISLAMABAD

Case information

Citation: 2025 CLC 408 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLC
Parties: I.B. EMPLOYEES COOPERATIVE HOUSING SOCIETY vs ADDITIONAL DISTRICT JUDGE-II, EAST ISLAMABAD Ss
Subject matter: Civil
Provisions referred to: S. 25---I; S. 23---E; S. 59; Family Courts Act (XXXV of 1964); Islamabad Rent Restriction Ordinance (IV of 2001); Co-operative Societies Act; Family Courts Act; Islamabad Rent Restriction Ordinance

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

I.B. EMPLOYEES COOPERATIVE HOUSING SOCIETY VS ADDITIONAL DISTRICT JUDGE-II, EAST ISLAMABAD Ss. 59(1)(a)---Family Courts Act (XXXV of 1964), S.25---Islamabad Rent Restriction Ordinance (IV of 2001), S.23---Execution of orders/decrees---Scope---Comparison of provisions of Co-operative Societies Act, 1925 ("CSA") with the provisions of Family Courts Act, 1964 and Islamabad Rent Restriction Ordinance, 2001---Significant distinction in phraseology of said laws---Examination of the provisions of the Family Courts Act, 1964 and the Islamabad Rent Restriction Ordinance, 2001 in comparison with S.59(1)(a) of the Co-operative Societies Act, 1925 ("CSA") highlighted various significant differences in phraseology---As per provision of the Co-operative Societies Act, 1925 it is an order passed inter alia by the Registrar under the stipulated provisions that shall be deemed to be a decree of the Civil Court and which shall be executed in the same manner as a decree of such court, therefore, the subject of the said provision is the order passed by the Registrar, which has been accorded the status of a decree passed by a Civil Court and as such ordains for it to be executed in the same manner as a decree of the Civil Court and the said provision does not state that the Registrar shall be deemed to be a Civil Court---Comparison with the other provisions of laws makes it clear and apparent that where the Legislature intended to confer the power of execution upon the forum passing the order/decree to be executed, it does so in clear and explicit language, which is conspicuously missing in S.59(1)(a) of the CSA.

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