Execution petition filed once will be continue .











Certainly! Here's a summary of the main story of the case law and the key points discussed by the Lahore High Court:

**Main Story of the Case Law:**
- The case revolves around a dispute regarding a land possession decree dating back to 1956.
- The original decree was amended in 1991, and subsequent execution petitions were filed by the decree holders to enforce the judgment.
- The petitioner, Sabir Ali, raised objections to the execution petitions, arguing that they were time-barred as they were filed more than 20 years after the decree.

**Key Points Discussed by the Lahore High Court:**
1. **Timeliness of Execution Petitions:** The court examined whether the execution petitions were filed within the statutory time limits prescribed by law.
2. **Nature of Orders by the Executing Court:** The court analyzed the orders passed by the executing court, particularly whether they constituted final orders or merely suspended the execution proceedings.
3. **Revival vs. Fresh Application:** It discussed whether the subsequent execution petition should be considered a fresh application or a continuation of the original proceedings, based on the nature of the orders and circumstances.
4. **Interpretation of Statutory Provisions:** The court interpreted relevant sections of the Civil Procedure Code and the Limitation Act to determine the applicability of time limits for filing execution petitions.
5. **Satisfaction of Decree:** The court examined whether the decree holders had obtained satisfaction of the decree and whether the execution petitions were justified in seeking further relief.
6. **Jurisdictional Compliance:** It reviewed whether the lower courts had acted within their jurisdiction and whether any irregularities or jurisdictional defects were present in their judgments.

Overall, the Lahore High Court dismissed the civil revision, finding no merit in the petitioner's arguments and upholding the judgments of the lower courts.


 THE LAHORE HIGH COURT, 
LAHORE.
JUDICIAL DEPARTMENT.
….
Civil Revision No.2938 of 2022.
Sabir Ali.
Versus
Munawar, & others.
J U D G M E N T.
Date of hearing:
24.04.2024.
Petitioner by:
Raja Abdul Rehman, 
Advocate.
Respondents # 1 to 6 by:
Mr. Muhammad Ghafoor 
Malik, Advocate.
Respondent #.7 by:
Ms. Samia Khalid, 
Additional Advocate 
General.
AHMAD NADEEM ARSHAD, J. Through this Civil 
Revision, filed u/s 115 of Code of Civil Procedure, 1908, the
petitioner has called in question the validity and legality of
impugned orders/judgments of learned Courts below, whereby, 
his objection petition was dismissed concurrently.
2.
Facts in brevity are that this Court passed a 
judgment and decree dated 10.12.1988 in favour of predecessor 
of the respondents, namely, Jumun (Jamoo), etc. Said decree 
was amended on vide judgment and decree 22.01.1991. For the 
Civil Revision No.2938 of 2022. -2-
satisfaction of the said decree, the predecessor of the 
respondents/decree holders moved an execution petition on 
02.10.1991; that said execution petition was consigned to 
record room vide order dated 28.11.1991 on the basis of report 
submitted by the revenue field staff in compliance of ‘Warrant 
Dakhal’; that as decree-holders were not satisfied, they filed 
another execution petition on 08.02.1992; that said execution 
petition was consigned to record vide order dated 07.03.2000 
on the ground that decree holders failed to deposit process fee; 
that decree holders filed another execution petition on 
05.07.2011; that during the pendency of said execution petition 
the petitioner Sabir Ali moved an objection petition with the 
contention that after the lapse of 20 years of the decree, the 
respondents/decree holders are estopped by law to file 
execution petition, therefore, their execution petition is not 
maintainable being barred by time; that said objection petition
was dismissed by the learned executing Court vide order dated 
17.04.2012. Being aggrieved, the petitioner preferred an appeal 
which also met the same fate and dismissed by the learned 
appellate Court vide judgment dated 26.11.2021. Being dissatisfied, the petitioner approached this Court through instant 
Civil Revision.
3.
I have heard learned counsel for the parties at full 
length and perused the record with their able assistance.
4.
A suit for possession of land measuring 1257 
Kanals 10 Marlas was instituted which was decreed on 
Civil Revision No.2938 of 2022. -3-
03.05.1956 and appeal against it was dismissed on 25..03.1957 
The defendants of said suit challenged said judgments and 
decrees through filing RSA No.145 of 1957 titled “Jamun, etc. Vs 
Mst.Hakan, etc.” before this Court which was allowed vide 
judgment and decree dated 10.12.1988 and subsequently said 
decree was amended vide judgment and decree dated 
22.01.1991. For satisfaction of said judgment and decree dated 
22.01.1991 an execution petition was filed on 02.10.1991 
within a period of three years. Said execution petition was 
consigned to record room vide order dated 28.11.1991 by the 
learned executing Court on the information that the decree had 
been satisfied in its letter and spirit and the possession of the 
decreed property was handed over to the decree holders through 
‘Warrant Dakhal’ dated 26.11.1991. Said order was passed in 
the absence of decree holders. Being dis-satisfied they filed 
another execution petition on 08.02.1992 with the contention 
that their execution petition was consigned to record being 
satisfied in their absence whereas the decree has not been 
satisfied in its letter and spirit as neither possession was 
delivered nor mutation was sanctioned and prayed for 
satisfaction of the judgment and decree dated 22.01.1991
according to its spirit. Said execution petition was consigned to 
record vide order dated 07.08.2000 on account of non-deposit
of cost of ‘Warrant Dakhal’. Decree holders filed a Criminal 
Original No.22-C of 2010 in RSA No.145 of 1957 with a prayer 
Civil Revision No.2938 of 2022. -4-
that contempt proceedings be initiated against the respondents
of said petition, as they failed to implement the judgment and 
decree dated 22.01.1991. Said contempt petition was disposed 
of vide order dated 17.06.2011 with a direction to the learned 
Executing Court to decide the pending execution petition within 
a period of two months from the order. The decree holders filed 
another execution petition on 15.07.2011 in the light of said 
order of this Court. The petitioner challenged said execution 
petition by moving an objection petition that the said execution 
petition is not maintainable being barred by time as it has been 
filed after lapse of more than 20 years of the decree. Said 
objection petition was dismissed after getting its reply and said 
order remained intact before the Appellate Court. Hence, this 
petition.
5.
By virtue of Article 181 of the Limitation Act, 
1908 an application for the execution of a decree or order of a 
Civil Court has to be made within three years of the date of 
decree or order sought to be executed. Section 48 of C.P.C. 
prescribes a period of six years as the outer limits after the 
expiry of which the Court cannot entertain a fresh application 
for execution. 
6.
 The first application was filed on 02.10.1991 within 
a period of three years and second application was filed on 
08.02.1992 before the expiry of outer limit and the third 
application was filed on 15.07.2011. Now the question is 
Civil Revision No.2938 of 2022. -5-
whether the third application filed on 05.07.2011 be considered 
as fresh application filed after the expiry of limitation or to be 
treated as continuation of the execution petitions which had 
been consigned to the record room being satisfied and on 
account of default for deposit of process fee.
7.
 The stance of the decree holders is that neither any
mutation was sanctioned in their favour nor possession was 
given to them as per judgment and decree dated 22.01.1991.
Therefore, their execution petitions were remained unsatisfied 
and no final order for the disposal of the execution petitions 
was passed. The third execution petition is revival of earlier 
petitions and not fresh execution petition.
8.
The all important question, therefore, is as to what 
is the “final order” and again whether the orders passed by the 
executing Court in this case on 28.11.1991 and on 07.03.2000 
are ‘final orders’. Where the Court intended to dispose of the 
matter completely and no longer keeps it pending on its file and 
does not merely suspend the execution or consign the record to 
the record room for the time being, the order must be deemed to 
a final order which will give a fresh start for the purposes of 
limitation, and that the proceedings not being pending, there
would in such a case be no question of revival. But, where such 
an order is made in a case in which the decree holder could not 
take further proceedings owing to circumstances beyond his 
control, the order will be regarded as merely suspensory in its 
Civil Revision No.2938 of 2022. -6-
nature and a fresh application will be regarded as one for the 
revival and continuation of the original proceedings. Thus, 
where the execution is stayed or is prevented by injunction, or 
becomes impossible to be proceeded with, owing to a claim
being advanced to the property which is the subject of the 
execution or owing to some other obstacle placed by the 
judgment debtor in the way of execution, and the application 
“dismissed” or “struck off” or “consigned to the record room” 
or “returned” the order will not be regarded as having finally 
disposed of the petition, and a subsequent application will be 
regarded as one for the revival and continuation of the original 
proceedings. For reference “Rana Kent Malaviya and another 
Vs Satya Narain Malaviya” (A.I.R. 1938 Allahabad 552) and 
“Krishnamachari Vs. Chengalraya Naidu” (A.I.R. 1940 
Madras 281).
9.
It should be noted that the words ‘fresh 
application’ have been used in Section 48(1) C.P.C., therefore, 
what is contemplated under this section by the words ‘fresh 
application’, is a substantive merely ancillary or incidental to a 
previous application, that is to say if the decree holder seeks to 
set the court into motion to take further proceedings in respect 
of an application already pending or where the application has 
been recorded or where the execution proceedings have been 
suspended by reasons of appeal or other proceedings, it would 
not be regarded as fresh application. For reference “Venlappa 
Civil Revision No.2938 of 2022. -7-
and others Vs Lakshmi Kant Rao” (A.I.R 1956 Hyderabad 
07).
10. In case titled “MUHAMMAD UMER KHAN versus 
MUQARRAB KHAN and another” (PLD 1976 Peshawar 43) it 
was held as under: -
“At this stage I should like to refer to the order of the 
Executing Court dated 5.10.67 which has already been 
quoted in extensor. This is quite clear that the 
proceedings were not consigned to the record-room at 
the instance of the decree-holder. One fails to 
understand how could a final order be at all passed by 
the Executing Court when the Supreme Court of 
Pakistan had ordered that the delivery of the possession 
was to be stayed until the hearing of the petition. It 
would follow that the proceedings were consigned to the 
record-room without making any final order and such 
being the case could be revived at any time, the court 
was satisfied that the impediment which stood in the way 
of the execution no longer existed.”
11.
The execution application was deemed to be 
pending so long as no final order disposing it of judicially has 
been passed thereon. In subsequent application in such a case 
for execution will be deemed to be one merely for the 
continuation of the original proceedings. Where final judicial 
order termination the execution petition had been passed on the 
application, such execution proceedings could not be revived 
and the subsequent application for execution would be regarded 
as fresh application and not one for revival and continuation of 
the original proceedings.
12. The Hon’ble Supreme Court of Pakistan while 
dealing with the similar proposition observed in case titled
Civil Revision No.2938 of 2022. -8-
“UNITED BANK LIMITED vs. FATEH HAYAT KHAN 
TAWANA and others” (2015 SCMR 1335) as under: -
9.“Significantly, the terms of the order dated 7-2-1989 are 
amenable also to the rival interpretation given to it by the 
appellant. It is urged that the said order of the learned 
Executing Court treats the second execution application to 
be a substitute or a continuation of the first execution 
application. This is because the second application 
contains better particulars for the already prayed mode of 
execution of the decree. Accordingly, the learned 
Executing Court has consigned the first application to 
record and proceeded with its substitute. The argument has 
some force. The question of time bar is not considered by 
the order dated 7-2-1989. It arose for determination after 
the respondents/judgment debtors were issued notices on 
the second execution application. Whilst examining that 
objection, the learned Courts below were obliged to 
consider whether the first execution application could at 
all be terminated without an order dismissing or disposing 
of the same. This aspect of the matter was ignored on the 
presumption that the consignment of an application to the 
record amounts to its dismissal. The fact is that in the 
absence of a clear order disposing of the first execution 
application there is no justification, for treating the 
proceedings therein to have been concluded. The fate of an 
execution proceeding in similar situation is explained by 
the learned full Bench judgment of the High Court of Sindh 
in Amir Begum v. Mir Fateh Shah (PLD 1968 Karachi 10)
wherein Wahiduddin J. (as the then was) opined as 
follows:-
“….It is well settled rule of law that an execution 
application must be deemed to be pending so long 
as no final order disposing it of judicially has been 
passed thereon. A subsequent application in such a 
case for execution will be deemed to be one merely 
for the continuation of the original proceedings. In 
this connection the Privy Council in Qamar-ud-Din 
Ahmed v. Jawahirlal (32 I A 102) observed as 
under: --
“Their Lordships are of opinion that the execution 
proceedings commenced by the petition of the 24th
August, 1888 were never finally disposed of and that 
the application now under consideration was in 
substance, as well as in form, an application to 
revive and carry through a pending execution 
suspended by no act or default of the decree-holder, 
and not an application to initiate a new one.”
This principle has also been applied in cases where 
the application is dismissed or struck off or 
consigned to the record room or returned. Such 
 Revision No.2938 of 2022. -9-
order is not to be regarded as finally disposing of 
the petition and a subsequent application will be 
regarded as one of revival and continuation of the 
original proceedings…….” (Underlining supplied).
10.
The judgment in Mehboon Khan’s case ibid is 
relevant in laying down that where the ‘first execution’ 
application has been filed within a period of three years 
from the date of decree under execution, then any fresh 
application for execution of the said decree may be filed 
within a period of six years from the date of the said 
decree. According to the said judgment a fresh application 
is conceived to be filed “after disposal of the first execution 
application.” Therefore, an application that is filed during 
the pendency of a timely first execution application cannot 
be considered a ‘fresh application.’ This is because it 
elaborates or amends the pending first execution 
application. For the reason the subsequent application is 
liable to be treated as a continuation of or ancillary to the 
pending execution application. In such a case, quite 
obviously the objection of limitation cannot have any 
relevance.”
13. The learned executing court was given the 
impression that the decree had been satisfied in its letter and 
spirit and the possession of the decreed property was given to 
the decree holders through ‘Warrant Dakhal’ dated 26.11.1991 
and in this regard Rapt Roznamcha Waqiati No.104 dated 
26.11.1991 was submitted. In the light of said submission the
learned executing court consigned the file of execution petition 
to record room vide order dated 28.11.1991. Perusal of order it 
appears that said order was passed in the back of decree 
holders and without providing them opportunity of hearing. 
The decree holders promptly approached the learned executing 
court through execution petition on 08.02.1992 for completion 
of their execution petition in the light of amended judgment

Civil Revision No.2938 of 2022. -10-
neither suit property was transferred in their names nor 
possession was handed over to them. In the ‘Warrant 
Dakhal’dated 26.11.1991, the Collector directed the concerned 
Patwari to enter the mutation which also support the version of 
the decree holders that suit property was not entered in their 
names in the revenue record. The decree holders are not 
claiming anything except their own rights determined by this 
Court. Mere on the reports, in the ‘Warrant Dakhal’ and Rapt 
Roznamcha Waqiati, that possession was given to the decree
holders cannot be taken as conclusive proof of the fact that the 
decree holders were put into physical possession of the suit 
land decreed in their favour till then the decree holders 
admitted said fact. The decree holders have not come to the 
court for some new or fresh relief rather they approached the 
executing court to get the relief given by this Court. Therefore, 
their third execution petition is just revival of their earlier 
execution petitions which were filed within time and consigned 
to record without satisfaction of the decree passed in their 
favour. The decree holders pursuing their case since long and 
their decree is still unsatisfied.
14.
I have minutely gone through the record available 
on the file as well as the impugned orders/ judgments passed 
by learned Courts below, I have seen no illegality, irregularity 
and mis-reading or non-reading of record and jurisdictional 
defect on the part of learned Courts below. Learned counsel for 
Civil Revision No.2938 of 2022. -11-
the petitioner has been unable to point out any illegality, 
irregularity or jurisdictional defect in the impugned 
orders/judgments.
15.
For what has been discussed above, the instant 
civil revision is, hereby, dismissed being without any merits. 
No order as to costs.
(AHMAD NADEEM ARSHAD) 
JUDGE
Approved for Reporting.
JUDG

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