Skip to main content

Objections cannot be entertained where decree is for money

By
Generally speaking in most of the cases, the execution of any decree is possible under the provisions of order XXI of Code of Civil Procedure 1908.

According to the provisions of Order 21 Rule 23-A of Code of Civil Procedure 1908 the judgment debtor has no right to file objections in the execution of decree when the decree is for recovery of money from judgment debtor.

The only circumstance in which the Judgment debtor can be allowed to file objections is that the judgment debtor has to submit the payment due on him/her in the court before filing objection. That way the court can decide whether the same payment has to be handed over to the decree holder or not.



For more, you can consult omara.khan789@gmail.com or call +923123450006
Labels:

Comments

Post a Comment

Popular posts from this blog

When an application for restoration of suit is allowed, all interim orders passed prior to dismissal of suit for non-prosecution, stand revived

By
PLJ 2018 Islamabad 276 Present :  Miangul Hassan Aurangzeb, J. M/s. PANTHER DEVELOPERS--Petitioner versus ADDITIONAL DISTRICT JUDGE (ADJ), WEST, ISLAMABAD and 2 others--Respondents W.P. No. 977 of 2018, decided on 10.4.2018. Islamabad Rent Restriction Ordinance, 2001 (IV of 2001)-- ----S. 17(9)--Constitution of Pakistan, 1973, Art. 199--Execution of lease agreement--Default in payment of rent--Violation of terms and Conditions--Eviction Petition--Dismissed for non prosecution--Application for restoration--Allowed--Tentative order--Struck off right of defence--Eviction Petition allowed--Appeal was dismissed--Determination--Direction to--It is well settled that when a suit is dismissed for non-prosecution, and an application for restoration is filed, Court/Tribunal can, while said application is pending, pass interim orders--It is also well settled that when an application for restoration of suit is allowed, all interim orders passed prior to dismissal of suit for non...
Post a Comment
Read more

2013 S C M R 587

By
Rule that no limitation ran against a void order was not an inflexible rule --- Party could not sleep over to challenge a void order and it was bound to challenge the same within the stipulated/Prescribed time period of limitation from the date of knowledge before the proper forum in appropriate proceedings --- Appeal filed before the Appellate Tribunal was admittedly time-barred, and was rightly dismissed as being hit by limitation and no sufficient cause for condonation of delay was found --- High Court agreed with the order of Appellate Tribunal --- Supreme Court had affirmed concurrent findings recorded by fora below --- Review petition was dismissed in circumstances. For  more , you can consult omara.khan789@gmail.com or call +923123450006
Post a Comment
Read more

Divorce is not possible during pregnancy

By
A Muslim woman cannot be divorced during pregnancy. If a husband pronounces divorce to his wife during pregnancy, it is immaterial till delivery. However, if after delivery of child, it is not reconciled within 90 days, it becomes divorce. The reason is that the Iddah of a Muslim woman is 90 days after pronouncement of divorce by the husband. If divorce is pronounced to a Muslim wife during pregnancy, it becomes effective automatically after the end of pregnancy. The iddat of such lady starts from that day and if the divorce is not revoked in such time period of 90 days, then it becomes complete divorce. Once a women completes her Iddat after divorce, it means the divorce is final and irrevocable between parties. For  more , you can consult omara.khan789@gmail.com or call +923123450006
Post a Comment
Read more