88/2013 Suit SOHAIL AHMED RANA (Plaintiff) V/S MUNIR AHMED RANA (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 12-MAR-18
Civil Procedure Code (V of 1908)--- ----O. XXI, R. 10, O. III, R. 4(3) & O. XX, R. 13---Administration suit--- Compromise decree--- Execution of decree by Nazir of the Court---Recognized agent--- Requirements--- Decree-holder did not file execution petition but decree was satisfied by Nazir of the Court and report was submitted before the Court---Validity---Application for satisfaction of decree was filed before Nazir of the Court by the counsel who was not authorized by the decree-holder---Power of attorney should have been obtained from the decree-holder and application should have been filed for satisfaction of decree through Nazir after satisfying the Executing Court as to why judgment-debtor had failed to satisfy the compromise decree--- Executing Court was to apprise of the circumstances in which judgment-debtor i.e. plaintiff's real brothers and sisters had failed to fulfil their promise when they were living with the plaintiff---Nazir had acted without jurisdiction and on the willful and mala fide persuasion of counsel; had unlawfully executed sale-deed of suit property which was liable to be cancelled and declared as unlawful and was not supposed to act as judicial officer/presiding Judge of Executing Court to entertain application for satisfaction of decree and satisfy the same and at his own send a report to the Court for order of satisfaction of decree in the disposed of suit---If anything was lawful but it had been done unlawfully then it would become unlawful---Illegality committed by Nazir could not be allowed to perpetuate rather it was the duty of the Court to direct him to reverse the consequence of illegalities committed by him as an officer of the court---Decree-holder was issued show-cause notice as to why sale-deed executed by Nazir of the Court without lawful authority should not be cancelled---Nazir was directed to collect original registered sale-deed executed by him from the plaintiff and no further transaction was to be allowed to the plaintiff---Additional Registrar (O.S) was directed to hold inquiry with regard to execution of sale deeds by the Nazir on the basis of compromise decrees from January 2014 till date in the cases in which present counsel had obtained compromise decrees and without filing an execution petition same were satisfied by the Nazir.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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