ABDUL GHANI vs Mst — 2026 SCMR 638 SUPREME-COURT

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

ABDUL GHANI VS Mst. ALAM BIBI. Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 47---Execution of decree---Distribution of share in property---Summoning of revenue record---Scope. Petitioners/judgment debtors were aggrieved of summoning of revenue record during execution of decree. Validity---No evidence was led by petitioners/judgment debtors before Executing Court therefore, they could not set up a new case at the stage of execution. No such situation of nullity or in-executability of any severable part was demonstrated; instead, the Executing Court embarked upon a fresh inquiry into title on collateral revenue papers. Since the decree stood, therefore, execution must proceed to the extent of it recognizing respondent/decree holder's entitlement in the estate of deceased and nothing more. High Court's intervention merely restored such legal boundaries rather than reappraising the evidence which was already brought on record before Trial Court. Executing Court exceeded from its limit by calling for revenue record, and effectively sitting in appeal over the judgment and decree. In execution proceedings matters which had attained finality could not be re-opened or re-adjudicated. Judgment passed by High Court was well-reasoned, based on proper appreciation of facts and law. Supreme Court declined to interfere in judgment passed by High Court, as petitioners/judgment debtors failed to point out any illegality, perversity, or misreading and non-reading of evidence in judgment passed by High Court. High Court rightly set aside orders of Executing Court as well as Lower Appellate Court. Petition for leave to appeal was dismissed and leave to appeal was refused.

ABDUL GHANI vs Mst — 2026 SCMR 638 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2026 SCMR