2018 YLR 2337 KARACHI-HIGH-COURT-SINDH

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DEWAN SUGAR MILLS LTD. VS TRADING CORPORATION OF PAKISTAN (PVT.) LTD. 2000 CLC 414, 2003 SCMR 181, 2012 CLC 1621, 2012 SCMR 366, 2014 SCMR 322, PLD 1968 Lah. 144, PLD 1968 Lahore 144, PLD 1977 Lah. 524, PLD 1977 Lahore 524, PLD 1988 SC 163, Ss. 12(2), 47 & O. XXI, R.2---Executing Court--- Jurisdiction---Adjustment / settlement of decree---Petitioner was tenant and respondent was landlord and dispute between parties was with regard to execution of ejectment decree---Right of petitioner was struck of who firstly filed application under S. 12(2), C.P.C. against such order which was dismissed, thereafter petitioner filed application under S. 47, C.P.C. before Executing Court which also met the same fate---Plea raised by petitioner was that settlement was being arrived at between the parties for payment of arrears of rent and decision / orders passed under S. 12(2), C.P.C. could not be relied upon to oust petitioner from invoking provision of S. 47, C.P.C.---Validity---Executing Court was enabled under S. 47, C.P.C. to determine all questions between parties regarding which decree was passed relating to execution, discharge or satisfaction of a decree and not by a separate suit---Attempt was made to show that there was consensus between parties as to the mode and mechanism of payment of arrears and future rent which was subject matter and 'question arising out of rent case', which could culminate to discharge and satisfaction of decree by accepting postdated cheques but the decree was for eviction and not for payment of arrears of rent---Ousting petitioner from availing their remedy which it could have before Executing Court amounted to a denial of fair trial---Such compromise should have been recognized by Executing Court---Orders passed by Executing Court and Lower Appellate Court were set aside and case was remanded to Executing Court for passing appropriate order on application under S. 47, C.P.C.---"Constitutional" petition was allowed accordingly.