15/2009 Execution MST.SHAHIDA RANI (Decree Holder) V/S MUHAMMAD CHUTTAL KHAN (Judgment Debtor)

15/2009 Execution MST.SHAHIDA RANI (Decree Holder) V/S MUHAMMAD CHUTTAL KHAN (Judgment Debtor) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 01-NOV-16

(a) Civil Procedure Code (V of 1908)--- ----S. 47 & O. XXII, R. 2---Execution petition---Objections---Death of decree holder---Legal representative---Scope---Contention of judgment debtor was that applicant was not legal heir of decree holder---Validity---Neither Nazir of the Court was directed to give up possession obtained by him nor applicant was entitled to take over possession of suit property---Nazir should immediately recover/take possession of suit property from the applicant and seal the same pending the actual legal heirs and claimants come forward to claim benefit of decree---Applicant would not be entitled to the possession of suit property since her share subject to clearance of her status should be limited according to Islamic Law in the benefits of the decree---Objections were disposed of accordingly. (b) Civil Procedure Code (V of 1908)--- ----S. 151---Inherent powers---Scope---Court was bound to decide all the issues raised by a party---Inherent powers of Civil Court were unlimited to pass order to meet the 'ends of justice or prevent abuse of process of Court'. (c) Counsel and client--- ----Failure to discharge duty by counsel---Effect---Counsel failed to appear in the Court to protect the interest of his client---Chairman Bar Council was directed to initiate inquiry and action against the counsel for his failure to discharge his duty as an advocate.