OFFICER OF THE COURT

Citation Name : 2018 CLC 797 QUETTA-HIGH-COURT-BALOCHISTAN


Side Appellant : ABDUL SALAM


Side Opponent : GHULAM SARWAR


S. 48 & O. XXI, R. 11(2)

Limitation Act (IX of 1908) Art.181

Res judicata, principle of---Applicability---Execution petition was moved after lapse of more than five years which was barred by time---Decree passed by a Court required to be satisfied and till its satisfaction a number of execution petitions could be filed provided first application was moved within the span of three years after passing of decree or final order sought to be executed---If first execution petition was filed within stipulated period then successive applications could be filed by the decree holder within the period of six years---Applicant was required to furnish detail of previous application if any with date and result---Petitioner had moved execution petition earlier which was finally disposed of by the Executing Court by a speaking and well reasoned order---If present execution application was treated as a second application then it would be hit by the principle of res judicata---Order passed in the earlier execution petition had attained finality---Petitioner did not disclose the factum of filing of previous application and its result which was legal requirement---Counsel being OFFICER OF THE COURT was required to place the facts before the Court in order to enable it to arrive at a just conclusion---Counsel had failed to discharge his legal obligation and decree passed in suit was collusive---Revision was dismissed in limine.

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